IBADAN CITY COUNCIL V. J. O. ODUKALE

UDO UDOMA, J.S.C.(Delivering the Leading Judgment): This appeal has been brought by the defendant - the Ibadan City Council- in the Ibadan High Court Suit No. 1/218/66 in which judgment was given in favour of the plaintiff herein respondent, in his claim for damages against the defendant Council. An appeal against the judgment was dismissed by the Western State Court of Appeal, which affirmed the judgment of the Ibadan High Court.

This appeal is against the judgment of the Western State Court of Appeal and raises two very substantial and fundamental questions of law, namely, as to whether or not on the facts and circumstances of this case on appeal a Local Government Council:-

(a) is answerable for the acts or defaults of its officials; and

(b) is liable for non-feasance;

or, more explicitly and precisely, as to whether or not an action sounding in damages was the appropriate relief available to the plaintiff in the circumstances of this case.

The case giving rise to this appeal …