Yesufu Abiodun & Ors V. The Chief Secretary To The Government (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Cross appeals—Compulsory acquisition of land—Asiessment of compensation
—Principles of A ssessment—Public Lands Acquisition Ordinance, section 15—Applicability of principle, of ” deferment ” in assessing compensation—Land Development (Provision for Roads) Ordinance.

Facts

In the assessment of compensation for land in Nigeria compulsorily acquired under the Public Lands Acquisition Ordinance, the principle of ” deferment ” (that is, the estimation of the market value of the land when put to its best use in the future) should not be applied, nor, in this particular case, should the provisions of the Land Development (Provision for Roads) Ordiriance.

Held

The rejection of certain principles which are applicable, if at all, solely to building land in lots does not necessarily involve the conclusion that the land is not to be valued for building purposes and that therefore an entirely different basis of valuation should be adopted on the ground that certain deductions from the ascertained market value of the land as building land are not allowed.(Only so much of the judgment as deals with the above points is reported.)

Appeal by the Chief Secretary allowed, to the extent of reduction of the compensation awarded by the Supreme Court.