CO129-377 - Governor Sir Lugard - 1911 [5] — Page 276

t

268

(h)

(1)

(3)

B

Because, as further appears in the said Judgment, the

Government of this Colony in spite of their subsequent

contention that back section holders had no right to

compensation expressly recognized the claim of a back

section holder, the owner of Section C, to an equitable

proportion of the Reclamation as appears by the letter

from the Colonial Secretary of the 6th. December 1889

referred to in the said Judgment of the Chief Justice,

Because the principles on which the just Government of

a country are based are, (inter alia) that, no man's

property shall be injuriously affected by any act of

the Government without compensation being paid there-

for.

Because it would be manifestly unjust that they should

not be compensated for all such depreciation in respect

of their front and back sections as they can establish.

We submit that those of our clients who can establish

that their houses have been diminished in value by the altera-

tion of the levels of roads which have taken place in the part

are entitled to compensation on the following grounds; -

Because, at the time the levels were altered, no

legislative or other authority existed enabling the

Government to alter the levels.

(a)

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