OTURU V. EDEDEY & ORS

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266

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

OTURU V. EDEDEY & ORS

S.A. OTURU

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APPELLANT

V

1.

CHIEF KOPORO EDEDEY

2.

CHIEF MAYOR ATUMA

3.

CHIEF MATTHEW AGWASI ABUTOR

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RESPONDENTS

(On behalf of themselves & and

the people of Ogharefe)

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SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

ONYEAMA,

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J.S.C.

AJEGBO,

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J.S.C.

9th November, 1964.

SUIT NO. FSC 169/1963

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Land Law - Claim for compensation on improvement of land - Land not given

to appellant - Appellant rented portions - No right -Claim

of 1100 monthly

- Appeal dismissed - No compensation.

ISSUE:

1.

Whether a tenant who goes outside the area of the grant given him and leases

out portions of land in which he had no interest, will be given any compensation

for acquisition of those leases.

FACTS:

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The plaintiff/appellant had been granted a portion of land by the people of Og-

harefe (his Community) to build upon. Feeling this was not enough, he cleared

extra bush and leased some extra parts. The elders of Ogharefe questioned him

about this and he gave no satisfactory answer. He was taken to Court and judg-

ment given against him. Later he claimed that the 3rd defendant promised him the

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sum of £100 every year for life if he handed over the leases. This sum was not

paid hence the action at the High Court. Trial Judge found for the defendants.

On appeal to the Supreme Court;

HELD:

That it was unnecessary to disturb the findings of the trial court due to the un-

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meritorious conduct on the part of the plaintiff/appellant in renting out portions of

land which he had no right to. A tenant who goes outside the area of the grant

given to him and leases out portions of land in which he has no interest, cannot

receive any compensation for the acquisition of those leases.

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S.E. Akanbi

for appellant

(MIS.S.G. Enemeri for respondent

M.O. AJEGBO, J.S.C.

(Delivering the Judgment of the Court): In his judgment

delivered in the High Court of the Warri Judicial Division on the 18th December,

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1961, Kester J. dismissed the Plaintiff's claim. The plaintiff has brought this appeal

against the judgment.