DISU & ORS V. DANIEL - KALIO

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

ment of Somervell, L.J. in

Reeves v. Deane-Freeman,

[1953] 1 Q.B. 459,

page 468, where he said that:-

"Mr Vester's next point was that a soldier, as here, during a lorry on a

highway, should be regarded as not on the execution of his duties, but

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the accident should be regarded as caused by a breach of a private

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right. I find great difficulty about that. In all the ordinary cases, of course,

the plaintiff is complaining of a breach of his private rights. Once one

comes to the conclusion to which I have come that the neglect was in the

carrying out of duty, as is indeed the commonest case which occurs

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where the protection of the Act is invoked, I do not think that that sub-

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mission avails the plaintiff. Once you find that the claim is based on some

act or neglect in carrying out duties, it seems to me that, having regard

to the cases which I have cited, the Act applies."

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The facts of this case on appeal are fully covered by S.2 of the Public Officers

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Protection Ordinance and in our view this Ground of Appeal must also fail, and

the appeal is dismissed. In view of the circumstances of the appeal we make no

order as to costs as to costs in this Court.

Appeal dismissed.

20

ORS

V. DANIEL -

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L110

25

1.

HABIB DISU

2.

SABITIYU ADAGUN

3.

MUMUNI A. DISU

4.

Y. AYINLA DISU

(For themselves and on behalf of

DISU LABULO family)

V

C.W. DANIEL - KALIO

SUPREME

COURT

OF NIGERIA

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

COKER,

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Ag.J.S.C.

7th March, 1964

APPELLANTS

30

RESPONDENT

SUIT NO. FSC 216/1962

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40

Legislation - Supreme Cowl (Civil Procedure) Rules, 1945 (in 1948 Laws of

Nigeria, Vol.X) 0.4, R.3.

Native Law and Custom - Sale of family land - Practice and Procedure - Suing

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persons for themselves and on behalf of their family - No order that defendants

be sued on behalf of their family - case where not needed.

Land Law - Contract for sale of land - Memorandum - Description of the land

by reference.

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ISSUES:

1. Is a court order required before a few persons can be sued as representatives

of their family?