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CHIEF SAM WARRI ESI V. THE CHIEF SECRETARY TO THE FEDERATION OF NIGERIA

(1973) JELR 48786 (SC)

Supreme Court  •  SC.67/1971  •  23 Nov 1973  •  Nigeria

Coram
UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC; JSC;

Appearances
Dr. M. Odje For Appellant Chief F.R.A.Williams, (with him, Mr. O.N. Rewane) For Respondent

Judgement

U. UDOMA, J.S.C (Delivering the Leading Judgment): The proceedings in these two matters - Suits No. W/121/57 and No. W/41/57 - in the Warri High Court of the Mid-Western State were separately commenced by originating summons dated 19th July, 1957, and 4th February, 1957, respectively. As the land involved in both suits was required for public purposes, the proceedings were instituted pursuant to the Public Lands Acquisition Act Cap. 185, Vol. V, Laws of Nigeria, 1948, by the then Chief Secretary of the Federation of Nigeria for the determination of the questions hereunder set forth.

A. In respect of Suit No. W/121/57:

"1. The persons entitled to the land situated at Igbudu in Warri District of the Delta Province of the Western Region of Nigeria and described in a notice dated 16th October, 1956, a copy whereof is attached hereto, and

2. The amount of compensation payable therefor."

It was then stated that the Governor General was willing to pay as compensation the sum detailed below.

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