SALAMI V. CHAIRMAN, L.E.D.B. & ORS.

• Pages: 427-442

SALAMI V. CHAIRMAN, L.E.D.B. & ORS.

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SALAMI V. CHAIRMAN, L.E.D.B. & ORS.

LATIFU SALAMI

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APPELLANT

V

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CHAIRMAN, L.E.D.B.

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1ST DEFENDANT

S.A. BANJOKO

U. A. ADEBANJO

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DEFENDANTS/

0. OGUNLANA

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RESPONDENTS

(All carrying on business under the )

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name and style of mainland Builders)

stores)

SUIT NO. SC 226/1985

SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

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ESO,

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J.S.C.

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

AGBAJE,

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J.S.C.

15th December, 1989

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Practice and Procedure - Jurisdiction - Compulsory acquisition of land - S. 13 Public lands

Acquisitions (miscellaneous) provision decree No. 33 1976 - Validity of - Appropriate

court.

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Interpretation and Construction - Construing the wordings of a statute

ISSUES:

1.

What are the exact limits of the jurisdiction of the High Court and the land tribunal.

2.

Whether it is the High Court as opposed to a land tribunal that has the jurisdiction

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to hear and determine a suit which concerns the validity of compulsory

acquisition of land.

3.

How is the intention of the legislature to be construed from a statute.

FACTS:

The plaintiff filed his writ of summons on the 5th day of August 1970, claiming

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inter alia

that the purported acquisition by the 1st defendant of the plaintiff's property

at Surulere in Lagos State and the purported lease and registration of the same by

the Registrar of titles without compliance with the Provisions of registration of title

Act is void.

The parties filed their statement of claim and statements of defence in the High

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Court and hearing date was fixed for 22nd - 24th of February 1972, the process of

adjournment started from then to the 20th of September, 1974. On the 20th of

September, 1974, parties and Counsel appeared before the court and a proposal for

settlement out of court was made and agreed to by all counsel and the court. The

proposal was that the 1st defendant would give the plaintiff another plot of land. The

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process of adjournment continued again till 20th of November, 1975. Since the

settlement had not been effected.

On the 8th of December, 1975, the case was listed before Akibo Savage, J. The

process of adjournment continued from the 2nd of February 1976 till 20th December

1979, when counsel to the 1st defendant submitted that the jurisdiction of the High

Court had been ousted by Decree No. 33 of 1976 and on the 3rd day of November,

1980, he filed a motion for an order that the case be struck out for want of jurisdiction.

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NIGERIAN SUPREME COURT CASES

[1989] 3 N.S.C.C.

The plaintiff dissatisfied with the Ruling appealed to the Court of Appeal contend-

ing that the trial Judge erred in law in declining jurisdiction despite the provisions of

the Public Lands Acquisition (miscellaneous Provisions) Decree No. 33 of 1976.

The court of Appeal affirmed the decision of the High Court.

The Appellant still dissatisfied appealed to the supreme court contending that S. 5

13, 18 & 23 of the Public Lands Acquisition (miscellaneous Provisions) Decree No.

33 of 1976 did not apply to the appellant.

HELD:

1.

That the jurisdiction of the High Court is conferred by S.236 of the 1979

constitution and it is a general and unlimited jurisdiction. While the jurisdiction of 10

the land tribunal is limited this is provided for by S.13 of the public land Acquisition

(miscellaneous provision Decree No. 33 1976 which conferred on a lands tribunal

the jurisdiction to hear and determine disputes arising from a claim for

compensation for land compulsorily acquired under the public land Acquisition

Act or state lands Act.

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2.

The High Court has unlimited jurisdiction to hear and determine civil causes while

the lands tribunal has only a limited jurisdiction and cannot exercise jurisdiction

outside the confines of S.13 of the Public Lands Acquisition Act. In this case the

High Court of Lagos State is competent to try the appellant's claim and grant the

reliefs as it deals with the validity of compulsory acquisition of land and not a 20

claim for compensation or entitlement of compensation which is exclusively

under the public lands acquisition Decree.

3.

It is only the words of the statute that can properly convey the intention of the

legislatures. It is therefore an act of violence to read into the statutes the words

that are absent from its provision.

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[As to

Interpretation of Statutes by Courts

see:

Minister of Local Government v.

Akpagu

(1964) N.S.C.C. Vol. 3 152.]

[As to

Exercise of Jurisdiction by a Court

See:

Ajao & Ors. v. Alao & Ors.

(1986) 30

N.S.C.C. Vol. 17 pt. 1327.]

CASES REFERRED TO IN JUDGMENT:

1.

Attorney General of Bendel State v. Aideyan

(1989) 4. N.W.L.R. 646 at 650.

2.

Awolowo v. Shagari

(1979) 6 - 9 SC. 51 (1979) N.S.C.C. 87.

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3.

A.G. Bendel State v. A.G. of the Federation & Ors.

(1952) 3 N.C.L.R. 1, (1981)

10 S.C. 1, (1981) N.S.C.C. 314.

4.

Aibon V. Pyke

d(1842) 4 M & G 421, 424.

5.

Goldsack v. Shore

(1950) 1 All E.R. 276, 277.

6.

Southhampton Bridge Co. v. Southhampton Board of Health

(1858) 8 E & B 80 40

7.

London Hospital Governors v. Jacobs

(1956) 1 W.L.R. 662.

Mr. C.0.1. Joseph

for the Appellant.

Mrs. 0. A. Ashiru

for 1st Respondent.

Mr. C.O.I. Okwusogu

for 2nd - 4th respondents.

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OBASEKI, J.S.C.:

(Delivering the Lead Judgment of the court) The only issue raised

in this appeal is as to the jurisdiction of and competence of the High Court of Lagos

State to entertain the action instituted by the plaintiff/appellant. The contention of the

appellant is that the reliefs claimed fall squarely within the jurisdiction of the High 50

Court of Lagos State while the respondents' contention is that the reliefs claimed are

matters falling squarely within the jurisdiction of the Lands Tribunal of Lagos State.

The plaintiff/appellant filed his writ of summons on the 5th day of August, 1970,

a period of over 19 years ago claiming in terms of the endorsement on the writ of

summons, the following reliefs: