AJAYI V. LAGOS CITY COUNCIL

• Pages: 340-350

AJAYI V. LAGOS CITY COUNCIL

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340

AJAYI V. LAGOS CITY COUNCIL

5

G. 0. K. AJAYI

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APPELLANT

V

LAGOS CITY COUNCIL

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RESPONDENT

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10

SUIT NO. SC 178/1968

SUPREME COURT OF NIGERIA

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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14th November, 1969.

Professional Ethics - Legal Practitioner - Suing for fees - Implied authority from

past conduct for Town Clerk to brief counsel on behalf of defendant under

S.170(2) of Lagos Local Government Act, 1959 unless otherwise directed -

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Majority of court thought power to brief implied from S.170(2) itself if Town

Clerk defending in place of defendant - Plaintiff cannot appear for defendant

after Tribunal refused to allow him in that capacity and defendant not liable

if plaintiff only acting "in interest of' defendant unless specially authorised

by defendant - 500 guineas as fee for briefing and appearance on first day

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of hearing at Tribunal allowed.

ISSUES:

1.

Does a Town Clerk have the power to brief a counsel on behalf of the Lagos

City Council?

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2.

Whether a Town Clerk is entitled to represent the Lagos City Council at a

Tribunal of Enquiry.

FACTS:

The plaintiff who had been briefed to appear for the Council by the Town Clerk

brought an action in Court to collect his professional fees. The defendant con-

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tended that the Town Clerk had no power to brief an outside Solicitor for the Coun-

cil and that even if he did the plaintiff did not in fact appear for the Council at the

tribunal after the 6th of July. The High Court dismissed his claim. He appealed

to the Supreme Court.

HELD:

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1.

The passages from the evidence of the 4th Plaintiff witness make it abundantly

clear that it was the practice of the Town Clerk to brief counsel on behalf of the

Lagos City Council and that he used a vote for legal expenses under his control

to pay fees for those services when incurred.

2.

Exhibit "U" supported the view that the Town Clerk did this as a matter of practice

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and he wrote after briefing Counsel to the Chairman Lagos City Council

Caretaker Committee to inform him that he had done so.

3.

The important thing, however, was that the Lagos City Council saw fit at the

hearing to call no rebutting evidence whatever, that this story of past practice

was untrue.

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4.

The Supreme Court was satisfied that the Plaintiff had made out his case that

the Town Clerk had implied authority to brief Counsel under Section 170(2)

unless there was a specific direction from the Council to the contrary which

was never suggested was the case here.