ADEBESIN & ORS. V. DYSON & ANOR

• Pages: 182-186

182

NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

to his hands:

see Lowry v. Fulton

(1839) 9 Sim. 115;

Yardley v. Arnold

(1842) Car

& M. 434.

The amount claimed by the respondent is £100. Again, to succeed, it must be

established that the value of goods which passed into the appellant's hands were

worth £100. There was no evidence before the learned Magistrate as to the value

5

of the deceased's goods or that part of it which passed into the appellant's hands.

I am, therefore, of the opinion that on the evidence before the learned Magis-

trate no

prima

facie

case was made by the plaintiff/respondent to entitle him to

judgment and the learned Magistrate was wrong to have allowed his claim.

The learned Judge of appeal should have allowed the appellant's appeal.

10

This appeal will be allowed; the judgment of the learned Magistrate is hereby

set aside. The case will be sent back to the learned Magistrate for retrial. Costs

to the appellant in the High Court is assessed at 17 guineas. Costs in the Magis-

trates Court should abide the event, but as the respondent has written to the Court

to say that he has been paid a sum of £100 by the appellant, the latter will be en-

15

titled to costs in the Magistrates Court assessed at 10 guineas.

The appellant is also entitled to the costs of this appeal assessed at thirty-five

guineas.

Unsworth, F.J.

I concur.

Bairamian, F.J. I

concur.

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Appeal allowed: Judgment by

default set aside. New trial

ordered.

25

ADEBESIN & ORS. V. DYSON & ANOR.

HON. K.S. ADEBESIN & 3 OTHERS

APPELLANTS

V

P. DYSON (SOLE ADMINISTRATOR)

THE GOVERNOR-IN-COUNCIL

RESPONDENTS

(JOINED BY ORDER OF COURT)

SUIT NO. FSC 26/1962

FEDERAL SUPREME COURT

BRETT,

F.J.

UNSWORTH,

F.J.

TAYLOR,

F.J.

30th April, 1962.

Administrative Law - Appointment of Sole Administrator pursuant to section

87(1), Local Government Law - Action for declaration of invalidity of appointment

- Period of appointment not stated as required - Interpretation of Statutes -

45

Appeal.

ISSUES:

1.

Whether an appointment until further notice complies with the requirement of

section 87(2) of the Local Government Law which states that the term of office

50

of an appointment thereunder should be stated.

2.

Does the word "term" mean definite dates must be set?

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