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AMODU TIJANI V. THE SECRETARY, SOUTHERN NIGERIA

(1921) JELR 59845 (PC)

Privy Council  •  11 Jul 1921  •  Nigeria

Coram
VISCOUNT HALDANE, LORD ATKINSON, LORD PHILLIMORE

Judgement

The judgment of their Lordships was delivered by VISCOUNT HALDANE. In this case the question raised is as to the basis for calculation of the compensation payable to the appellant, who claims for the taking by the Government of the colony of Southern Nigeria of certain land for public purposes. There was a preliminary point as to whether the terms of the Public Lands Ordinance of the colony do not make the decision of its Supreme Court on such a question final. As to this it is sufficient to say that the terms of the Ordinance did not preclude the exercise which has been made of the prerogative of the Crown to give special leave to bring this appeal.

The Public Lands Ordinance of 1903 of the colony provides that the Governor may take any lands required for public purposes for an estate in fee simple or for a less estate, on paying compensation to be agreed on or determined by the Supreme Court of the colony. The Governor is to give notice to all the persons interested in the land, or t…

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