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DR. O. O. SOFOLAHAN & ANOR V. CHIEF MRS. L. I. FOWLER & ANOR

(2002) JELR 14012 (SC)

Supreme Court  •  SC.48/1997  •  8 Mar 2002  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment) : This appeal is from a judgment of the Court of Appeal (Lagos Division) delivered on the 11th day of December, 1996. The court declared the action instituted by the appellants as incompetent and struck it out. The appellants have now appealed to this court, raising five issues for determination as follows:

"1. Whether the appellants had the requisite locus standi to institute proceedings against the respondents?

2. Whether the appellants followed the proper practice and procedure in suing as next friends in the Lagos High Court.

3. Whether the Federal Attorney-General is the only person able to properly institute an action as contained in the claims before the Lagos State High Court?

4. Whether the Court of Appeal, could properly make a determination of the nature of the trust of the 2nd respondent and the nature of the contract of education on an interlocutory appeal.

5. Whether the court of first instance could properly grant…

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