ABADALLABE V. BORNU NATIVE AUTHORITY

• Pages: 132-137

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

section 170 in an English Act:

R. v. London Justices

[1896] 1 Q.B. 659; but this

was not cited to us, and as it was not submitted that the effect of section 170 of the

Lagos Local Government Act was to enable the Town Clerk to be sued in respect

of a liability attaching to the Town Council, it is unnecessary to consider the exact

scope of the section. I would. for the reasons I have already stated, amend the

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writ and other proceedings so as to enter judgment against the Town Council.

There remains the question of costs. The appellant raised the issue on which

he has now succeeded in his Defence, but he also contested the claim on the me-

rits in the Court below, and he seems to have given no indication that he would

consent to an amendment of the kind to which he has now consented. I do not

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think the costs properly incurred by the parties in the Court below were increased

by the fact that the wrong defendant was sued, and I would leave the order as to

costs in the High Court undisturbed, except that they will be payable by the Town

Council and not by the Town Clerk. As regards costs in this Court, I am prepared

to listen to further submissions on behalf of the appellant, but subject to anything

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he may have to say, I do not regard the legal point which he has established by

this appeal as being of such importance that it could not have been reserved for

a case where the Town Council had some sort of defence on the merits, and I

should be disposed to make no order as to costs.

I would make the following order:-

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The appeal by the Town Clerk of the Lagos Town Council against the judgment

of the High Court of Lagos in suit No. LD/233/1959 is allowed, and by consent of

the parties concerned the writ of summons and other proceedings in the High

Court, includirg the judgment of the High Court, are amended by substituting the

Lagos Town Council for the Town Clerk of the Lagos Town Council as first de-

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fendant in the suit. And no order is made as to the costs of this appeal.

Taylor, F.J.:

I concur.

Bairamian, F.J.:

I concur.

Appeal Allowed.

ABADALLABE V. BORNU NATIVE AUTHORITY

ALI ABADALLABE

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APPELLANT

V

BORNU NATIVE AUTHORITY

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RESPONDENT

SUIT NO. FSC 430/1962

FEDERAL SUPREME COURT, NIGERIA

ADEMOLA,

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C.J.F.

DE LESTANG,

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C.J. Lagos

BRETT,

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F.J.

BAIRAMIAN,

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F.J.

25th March, 1963.

Criminal Law and Procedure - Northern Nigeria - Culpable Homicide -

Self-defence - House trespass - Trespasser killing to effect escape - Private

person's right to arrest - Legislation - N.N. - Penal Code, s.59, s.60(a), s.65

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and s.222(2) - Criminal Procedure Code, ss.26(a), 28(d), Appendix A.

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