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Sylvester Johnson Mayaki V. Lagos City Council Caretaker Committee

(1977) JELR 40950 (SC)

Supreme Court  •  SC.360/1975  •  14 Apr 1977  •  Nigeria

Coram
UDO UDOMA JSC; AYO GABRIEL IRIKEFE JSC; CHUKWUNWEIKE IDIGBE JSC;

Judgement

IDIGBE, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of Candide Johnson, J., sitting in the Lagos State High Court in an action which, indeed, had a very chequered history. Originally the plaintiff, the appellant herein instituted a declaratory action against three defendants namely, the respondent herein, His Excellency Brigadier Mobolaji Johnson and the Attorney-General of the Federation of Nigeria. After several multifarious interlocutory applications were entertained in the lower court, the learned Chief Justice of the High Court of Lagos State (Taylor, CJ.) before whom one of these applications was brought ruled that the action against the second defendant - His Excellency, Brigadier Mobolaji Johnson - was incompetent and dismissed the claim against him. At the time of the said ruling, the claim against the three defendants had by leave of the lower court, been amended to read:

"..... the plaintiff claims

(1) jointly and severally against 1st, 2nd, …

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