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Solicitor General Western Nigeria v. Dr. Festus O. Adebonjo & Ors.

(1971) JELR 45180 (SC)

Supreme Court  •  SC.207/1969  •  21 May 1971  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): The Solicitor-General of Western Nigeria has appealed against the judgment of the Western State Court of Appeal given in matter in which the Solicitor-General had sued the respondent in the High Court, Ibadan on a writ which was endorsed as follows:

"The plaintiff's claim against the defendants jointly and severally is for the sum of 4,909Pounds:15s:3d being liquidated damages for a breach at Ibadan, by the 1st defendant, of an agreement executed in or about October, 1957, as varied by another agreement executed on 6th March, 1962, between the 1st defendant and the government of Western Nigeria.

That 2nd defendant as guardian/parent of the 1st defendant as well as the 3rd and 4th defendants as guarantors to the 1st defendant also executed the said agreement as parties thereto and are also liable to pay the government of Western Nigeria the said sum of 4,909Pounds:15s:3d in consequence of the breach of the said agreement.

The 1st, 2nd, 3…

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