ARCHITECTS REG. COUNCIL OF NIG. V. FASSASSI

• Pages: 771-773

ARCHITECTS REG. COUNCIL OF NIG. V. FASSASSI

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771

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ARCHITECTS REG. COUNCIL OF NIG. V.

FASSASSI

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ARCHITECTS REGISTRATION

COUNCIL OF NIGERIA

V

PROFESSOR M.A. FASSASSI

APPELLANT

RESPONDENT

SUIT NO. SC 193/1986

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SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

ANIAGOLU,

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J.S.C.

KAZEEM,

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J.S.C.

OPUTA,

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J.S.C.

BELGORE,

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J.S.C.

2nd June, 1987

Administration of Justice - enforceability of court order against a council or its

officers - notwithstanding dissohttion of the council.

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ISSUE:

1. Whether a court order can be enforced against a council or its officers where

the council was dissolved prior to the making of the order.

FACTS:

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High Court where on the 15th of January 1982 the court ordered the council by

The respondent instituted an action against the appellant council in the Lagos

way of its members, officers, or servants, to register the Respondent in that part

of the Register of Architects in respect of fully registered persons and entitling him

to practice as a principal under the Act establishing the council. There was no ap-

peal against the order, notwithstanding that, the order was not carried out. There-

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upon proceedings for attachment for contempt were instituted against the Appellant

Majoroh, Acting Registrar of the Council. Following his committal he appealed

until the matter reached the Supreme Court where he contended

inter alia

that as

the council had been dissolved before the order of the High Court was given on

15th January, 1982, he as Acting Registrar of the Council could not carry out an

to

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order directed to a non-existent council.

HELD:

1. The council having been dissolved before the order of the High Court was

made, the acting Registrar of the council could not be called upon to carry out

an order of the court which has been directed to a non-existent council.

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2. Since the order of the High Court was not only directed to the council, but also

to any of its officers and especially as the Respondent is qualified and eligible

for registration, neither the council nor Arc. Majoroh will be damnified by his

registration. The Respondent registration is therefore ordered.

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[As to

enforcement of judgments and orders generally,

see Halsbury's Laws

4th Edition 26 paras. 565 and 556].