S. O. Williams Permanent Secretary, Ministry Of Works And Housing V Joseph Folarin Kamson (1967)

LawGlobal-Hub Lead Judgment Report

ADEMOLA C.J.N. 

This is an appeal by the appellant who on behalf of the Federal Ministry of Works and Housing brought an originating summons before the High Court of Lagos under the Public Lands Acquisition Act Cap. 167, to determine the amount of compensation to be paid to the defendant in respect of his residential buildings and factory buildings acquired by Government on land which now forms part of the Campus of the University of Lagos. A sum of £35,646 was offered as compensation to the defendant which he declined to accept although a portion amounting to £15,000 was paid and accepted by him to make it possible for him to move his factory to another site whilst the matter of the amount of compensation payable was contested

In his statement of interest filed on 23rd January 1967 the defendant claimed a sum of £241,339 which he set out in paragraph 14 as follows-

“14. The defendant says that he is entitled to receive compensation of £241,339

(a)    Land    £ 9,468

(b)    Building erected 1957/58    £ 51,460

(c)    Cost of removal    £  27,938

(d)     Loss of income and overhead during installation at new site    £ 12,609

(e)     Incidental Expenses    £ 26,270

(f)     Damage to Machinery    £ 123.062

Total    £241.339

On 17th May, 1967 an amended statement of Interest was filed by the defendant, without leave, and on 24th May, 1967 on an application to the court, leave was given and the amended statement of interest already filed without leave was duly adopted. Paragraph 14 of the amended statement of interest reads-

“The defendant says that he is entitled to receive compensation on either the basis of alternative site or the total extinction of the business as follows:-

(1)            Basis of alternative site.