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ARCHITECTS REGISTRATION COUNCIL OF NIGERIA (NO.3) IN RE: O.C. MAJOROH V. PROF. M. A. FASSASSI

(1987) JELR 40031 (SC)

Supreme Court  •  SC.193/1986-J2  •  2 Jun 1987  •  Nigeria

Coram
KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC BOOYAMIN OLADIRAN KAZEEM JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC

Appearances
Chief F.R.A. Williams, S.A.N. (with him B. O. Ogundipe, T. E. Williams and F.R.A. Williams (Jnr.)) For the Appellant Mr. A. A. Akinyemi For the Respondent

Judgement


ESO, J.S.C. (Delivering the Leading Judgment): This appeal is a direct offshoot of a case wherein the High Court of Lagos State has made a positive order to the effect that-

"The Defendant (sic. The Architects Registration Council) by any of its members, officers or servants performing the 'duties' specified in section 5 of the Act, shall upon being served with this Order register the Plaintiff (sic. Prof. Fassassi) in that part of the Register of Architects in respect of fully registered persons and entitling the Plaintiff to practice as principal under the Act." (Italics mine)

This Order, which has been made, since 15th January, 1982, was never challenged by the Architects Registration Council of Nigeria, yet, the order has still not been carried out. And though, that Council is not directly a party to this appeal, it is the Council's default to obey the said Court Order, that has formed the basis of this appeal.

At this stage, I do not intend to set down what is in dispute, in the…

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