FOLASHADE V. DUROSHOLA

• Pages: 71-76

NIGERIAN SUPREME COURT CASES [1961] N.S.C.C.

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71

or that the act done is one which ought not to have been done. Those matters

were not in issue in the previous appeal, and the earlier judgment of this Court had

no bearing either on the existence of the duty, or on the propriety of the act done

by the Are. I tried to make that clear in the passage cited from the earlier judg-

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ment, in which I concluded by sayinci that:-

If the appellant wishes to regain the office he must take such steps as may

be open to him to have Araoye removed and himself reinstalled.

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Mr. Adekunle says that his motion in the Court below was such a step; but in

my opinion, for the above reasons, it was not a step open to him in these proceed-

ings. If we were to make an order setting aside the approval given by the Are to

the appointment of Emmanuel Araoye as the Esa of Ire, we should in effect be de-

ciding that the Are ought not to have approved that appointment, but that question

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had never been argued before the Courts.

I think that the motion was rightly refused in the Court below, and this appeal

must fail.

There was a further appeal against the costs of 30 guineas awarded in the Court

below. I agree that these were excessive for a matter which was disposed of in

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one day, and while dismissing the appeal against the refusal of the motion I would

reduce the costs awarded in the Court below to 10 guineas. I would award the re-

spondent costs of this appeal assessed at 10 guineas.

Taylor, F.J.:

I concur.

Bairamian,

F.J.: I concur.

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Appeal dismissed.

FOLASHADE V. DUROSHOLA.

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ABGAIL FOLASHADE

V

35 ALHAJI A.A.O. DUROSHOLA

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

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UNSWORTH,

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F.J.

22nd March, 1961.

APPELLANT

RESPONDENT

SUIT NO. FSC 79/1960

Commercial Law - Agency - Ratification - Delay.

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Land Law - Real Property - Sale uf land without deed - Registration of instnunent

- Whether notice of equitable interest to purchase for value of fee simple

with conveyance - Recent conveyance - Recent possession - Land Registration

Ordinance, cap.99.

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ISSUES:

1.

Whether an agency can be created by the ratification of a contract entered into

by the supposed agent.

2.

What is the effect of delay on tl le ratification of the act of an agent?