Chief Sam Warri Esi Vs The Chief Secretary To The Federation Of Nigeria & Ors (1973)

LawGlobal-Hub Lead Judgment Report

UDOMA, J.S.C

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.

“As rent for the term of 99 years for which the land has been acquired the sum of 131 pounds:12:6d.”
The summons was endorsed for service on the under-mentioned claimants.

(1) The Olu of Warri on behalf of the Itsekiri Community, Warri;
(2) Chief Sam Warri Esi on behalf of Igbudu Community, Warri;
(3) Chief Ogedegbe – Warri.
The land to be compulsorily acquired was in the said summons described as “all that parcel of land at Igbudu in the Warri Division, Delta Province, Nigeria containing an area of approximately 5.264 acres.” The boundaries whereof were therein fully described.

B. In respect of Suit No. W/41/57:
“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 the 15th day of February, 1956, a copy whereof is attached hereto, and
2. The amount of compensation payable therefor.”
It was therein also stated that the Governor General was willing to pay as compensation the sum detailed below in so far as the sums are relevant to the appeal before this court. The sums were:-

“(a) As rent for the term of 99 years for which the land has been acquired, the sum of 341pounds:16:6d per annum.
(b) For crops and economic trees upon the land acquired, the outright lump sum of 180:11:0d.
(c) In respect of the building erected upon that part of the land acquired which was demised by a lease dated 11th December, 1948, between Ogbenejebor and others of the one part and Adogbeji Salubi of the other part, the outright lump sum of 3,880pounds.
(d) In respect of extinction of the residue of the leasehold term created by the lease cited in sub-paragraph (c) above, the outright lump sum of 1, 210pounds.
(e) In respect of extinction of the residue of the leasehold term created by a lease dated 16th March, 1953, and made between Chief Sam Warri Esi and others of the one part and Frederick Oritseatsegban Esiri of the other part, the outright lump sum of 587:10:9d.
(f) In respect of the reversion to the land covered by the two leases recited in sub-paragraphs (c) and (e) above, the outright lump sum of 99:11: being the present value, at 6% compound interest, of a reversion to:

(i) An income in perpetuity of 80:13:6d commencing in 52 years time and (ii) An income in perpetuity of 52 pounds:10:0d commencing in 57 years time.”

The summons in this case was this time endorsed to be served on the following claimants:

(1) The Olu of Warri on behalf of the Itsekiri community, Warri;

(2) Chief Sam Warri Esi on behalf of the Igbudu Community, Warri;

(3) Chief Ogedegbe, Warri;

(4) Mr. A. Salubi, Warri; and