CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
L.A. ARE
APPELLANTS
ADISA AND NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD
RESPONDENTS
AREA(S) OF LAW
LAND LAW – EVIDENCE-ONUS OF PROOF-ACQUISITION OF LAND BY ALIENS
SUMMARY OF FACTS
The plaintiff sought to set aside the sale of the land in dispute to the 2nd defendant who was an alien on the grounds that the approval of the Minister to whom the governor had delegated the power was not had under the Native Lands Acquisition Law. The approval was signed by an officer of the Ministry of Lands on behalf of the permanent secretary.
HELD
The court held that the letter on behalf of the permanent secretary prima facie showed that the transaction was approved and that the plaintiff failed to prove the contrary.
ISSUES
Whether the plaintiff discharged onus of proof that the transaction was not approved and whether on the face of it the document exhibit B raised a presumption that the necessary approval had been obtained.
RATIONES DECIDENDI
BURDEN OF PROOF
1. ‘The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.’ Per Coker J.S.C
DUTY OF A COURT WHILE REVIEWING ACTIONS OF THE EXECUTIVE BODY
2. ‘In the absence of an allegation of bad faith, and in the absence of positive proof of any irregularity all that the court can do is to see that the power which it is claimed to exercise is one within the authority of the executive body or person and the court will not enquire into the reasonableness, the policy, the sense or any other aspect of the transaction.’ Per Coker J.S.C
CASES CITED
1. Majiyagbe v. Attorney General and Ors. (1957) N.N.L.R. 158
2. Metropolitan Borough and Town Clerk of Lewisham v. Roberts [1949] 2 K.B. 608
3. Carlish v. East Ham Corporation and Edwards[1948] 2 K.B. 380
4. Carltona Ltd. v. Commissioners of Works and Ors. [1943] 2 All E.R. 560
STATUTES REFERRED TO
1. The Native Lands Acquisition Law
2. The Evidence Act