LAWAL & ORS V. YOUNAN & ORS

• Pages: 130-138

130

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LAWAL & ORS V. YOUNAN & ORS.

Khambatta has suggested that as a result of section 110 of the Constitution of the

Federation the Court has an inherent power to prevent a miscarriage of justice by

making whatever order justice may require even at this stage, but the Court is not

entrusted by the Constitution with any general supervisory functions, and in the

exercise of its appellate jurisdiction it is bound by the ordinary restrictions on the

setting aside of a judgment once pronounced and perfected. We will decide what

powers the Court possesses in relation to a judgment obtained by fraud, such as

was said to have occurred in

Flower v. Lloyd,

when the case arises. This is not

such a case, and no circumstances are alleged which would justify the Court either

in treating its previous decision as a nullity or in assuming power to set it aside.

The application is dismissed on these grounds and we reserve to some other

occasion the question whether an error of judgment on the part of defending coun-

sel can ever be a reason for quashing a conviction.

Motion dismissed.

LAWAL & ORS V. YOUNAN & ORS.

B.A. LAWAL AND ORS.

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RESPONDENTS AND

CROSS-APPELLANTS

V

MESSRS. A. YOUNAN SONS

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APPELLANTS AND FIRST

CROSS-RESPONDENTS

ROYALEXCHANGEASSURANCE

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SECOND CROSS-RESPONDENTS

COMPANY LIMITED

S. P. EKUN AND ORS

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RESPONDENTS AND

FIRST CROSS-RESPONDENTS

V

MESSRS. A. YOUNAN & ORS.



APPELLANTS AND FIRST

CROSS-RESPONDENTS

ROYAL EXCHANGE ASSURANCE



SECOND CROSS-RESPONDENTS

COMPANY LIMITED

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35

SUIT NO. FSC 22

3

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1

960

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

BAIRAMIAN,

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F.J.

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1st June, 1961.

Tort - Negligence - Injury causing death - Fatal Accidents Acts, 1846 and 1864

(9 and 10 Vict. c.93; 27 and 28 Vict c.95) - Dependents - Tort law - Western

Nigerian - 1958.

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45

Family Law - Children born out of wedlock - Marriage ordinance - Legitimacy

- Acknolwedgement - Effect of - Customary law marriage - Parties.

Probate- Administrator under customary law.

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ISSUES:

1. Whether children born out of wedlock, but acknowledged by their putative

father, are legitimate in Nigeria for the purposes of the Fatal Accidents Acts.

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