EX PARTE IKORO V. GOVERNOR, EASTERN REGION & ANOR

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EX PARTE IKORO V. GOVERNOR, EASTERN REGION & ANOR.

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they kept an eye on the private account, but the customer could say that he was

being allowed to overdraw on the firm's account without reference to the state of

his private account, and could in my view rightly, argue that the case fell within the

exception in the statement of the law given in Halsbury, which was quoted earlier

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in this judgment.

I have dealt with this case as if it were quite like the English cases which I have

cited from Halsbury, under the above statement of the law. I should, however,

note that in those cases the accounts were in the same name, though one account

was called the loan account and the other the current account, or, in the Green-

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halgh case, the provisional bill account and the general account. In the case in

hand one account is in the name of "Opaleye, Rafiu Afolabi Bello", and the other

account is in the name of "Fakemo Brothers", and I think it can be said with justice

that that very strongly implied an agreement to keep them separate and distinct,

without any right on the part of the Bank to combine them or to transfer assets from

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one account to the other, at any rate not without reasonable notice of the intention

so to do.

I would disallow the appeal. No question of costs arises.

Ademola, C.J.F.:

I concur.

Taylor, F.J.:

I concur.

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Appeal dismissed.

EX PARTE IKORO V. GOVERNOR, EASTERN

REGION & ANOR.

THE QUEEN: Ex parte OJIEGBO IKORO

of NGODO

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APPELLANT

V

THE GOVERNOR, EASTERN REGION, AND

ANOTHER

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RESPONDENTS

SUIT NO. FSC 139/1961

FEDERAL SUPREME COURT

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

11th January, 1962.

Administrative Law - Prerogative writs - Certiorari - Application by aggrieved

party.

Practice and Procedure - Inferior Court - jurisdiction - acting without. courts

- appeals - jurisdiction of Senior District Officer to hear - effect of dismissal

of appeal by Governor.

Interpretations - "Jurisdiction" - "Contigent jurisdiction" meaning of.

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ISSUES:

1.

Whether a Senior District Officer has any jurisdiction to hear an appeal presided

over by a District Officer.