BOLA V. LATUNDE; OGUNPA V. ST. JAMES CHURCH

• Pages: 127-130

BOLA V. LATUNDE; OGUNPA V. ST. JAMES CHURCH

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fore, the defendant was sued personally and not as representing his family. The

case from the pleadings to the conclusion was conducted on that basis and only

one of the witnesses for the defence referred in her evidence to the family of the

defendant. This point was conceded by the learned counsel for the respondents

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who therefore asked us to vary the order of injunction made against the family of

the defendant by the learned Trial Judge as was done by the West African Court

of Appeal in the case of

Buraimo Adegbite and Ors. v. Ch. Imam Quadri B. Lawal

1948 12 W.A.C.A. 398 where it was held that the defendant was not representing

the other persons against whom an order of injunction was made.

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This disposes of all the points of substance argued in this appeal and I would

state that I entirely agree with the Learned Trial Judge with respect to his findings

on the evidence before him. I would therefore dismiss this appeal but with respect

to the order of injunction I would vary same by restricting it to the defendant, his

servants and/or agents. The appellant shall pay to the respondents the cost of this

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appeal fixed at 23 guineas.

Brett, F.J.

I concur.

Bairamian, F.J.

I concur.

Appeal dismissed.

BOLA V. LATUNDE; OGUNPA V. ST. JAMES

CHURCH

SALAWU LANLOKUN BOLA

(the Mogaji of Bola Family)

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APPELLANT

V

ARCHDEACON S.V. LATUNDE

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RESPONDENT

AND

LANLOKUN BOLA OGUNPA

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APPELLANT

V

ST. JAMES'S CHURCH OGUNPA, IBADAN)

By Its Wardens EDMUND OLUKOYE )

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RESPONDENTS

WILLIAMS And C.A. ADEGBESAN

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)

SUIT NO. FSC 49/1960

FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

25th March, 1963.

Legislation - Federal Supreme Court Rules, 0.7 R. 36 - English Rules of the

Supreme Court, 0.28 R. 11 (as in 1963) - Courts - Inherent jurisdiction to

correct a formal order wrongly drawn up.

Civil Procedure - Practice and Procedure - Amendment - Judgment or order

wrongly drawn up.

ISSUE:

1. Must a party come by way of motion before a Court will correct an order it had

drawn up wrongly.?

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