A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): On 16th October, the Commissioner of Lands, Western Region of Nigeria, took out an originating summons at the High Court, Ibadan, against the first and second claimants in this matter for a determination of the persons entitled to compensation in respect of that parcel of land shown and bordered in pink in PLAN No. OY 49 as per the government notice published in the Western Region of Nigeria Gazette No. 29 Volume 8 of 18th June, 1959. The said land, with an are of 35.14 acres, lies and is situated in the Government Reservation Area of OYO, and was being acquired for public purposes by government under the Public Lands Acquisition Law (Cap. 105) Laws of Western Nigeria.
With the advent of the military regime at a later stage of these proceedings and the constitutional changes arising therefrom, an application was brought seeking an order substituting the Military Governor, Western State, for the Commissioner of Lands. The order s…