M. O. EPEROKUN & ORS. V. UNIVERSITY OF LAGOS

IRIKEFE, C.J.N. (Presiding and Delivering the Leading Judgment): In this appeal we are being asked by the appellants to hold that Olaniyan and Ors. v. University of Lagos (1985) 2 N.W.L. R. (Pt. 9) 599 was correctly decided and that consequently, the facts in that case being admittedly on all fours (with but one slight variation) with those in the instant case, our judgment in this case should go the way Olaniyan went. For the respondent we are asked to hold that Olaniyan was decided per in curiam and that this being a full court, we should overrule the said case and uphold the decisions of the two lower courts.

The issues in controversy fall within a very narrow compass and although a lot of cases both here and in Olaniyan were cited in argument, there is agreement between the parties on the primary facts.

The record shows that, although the appellants were the first to sue out a writ which did not proceed to trial, it was the respondent's writ which was the basis of this case on a…