TOWN CLERK, L.T.C. V. CLEMENT

• Pages: 130-132

130

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

This Court had previously held that the appeal was properly before it, and it

might have been possible to hold that leave to appeal was refused merely because

it was unnecessary, but unfortunately the formal order drawn up in consequence

of this decision was one dismissing the appeal, and as long as this order remains

in force the appeal stands dismissed. Every court has inherent jurisdiction to en-

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5

sure that its order carries into effect the decision at which it arrived:

Unnanse v.

Unnanse

(1950) A.C. 561; and if necessary Order 28 rule 11 of the Rules of the

Supreme Court in England might be invoked by virtue of Order 7 rule 36 of the

Federal Supreme Court Rules. This would appear to be a proper case for exer-

cising the power of amending the formal order, but there is high authority for saying

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that the correction ought to be made upon motion to that effect, unless the parties

consent to the Court's dealing with the matter as if the necessary motion had been

brought:

Hatton v. Harris

(1892) A.C. 547. In the present case, if the parties con-

sent the order will be amended so as to bring it into conformity with the decision

given in open court on the 14th December, 1960, and an order will be made, as

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prayed, substituting Samuel Dehinde Latunde and Mrs. Ebun Akinshete, the ad-

ministrator and administratrix of the estate of the late Archdeacon S. V. Latunde,

for him as respondents to the appeal in Suit 1/222/1955. If the parties do not con-

sent to our taking this course the motion will stand over for four weeks so as to

give the appellant the opportunity of lodging a separate motion for the correction

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of the Court's order.

Taylor, F.J.: I

concur

Bairamian, F.J.:

I concur

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TOWN CLERK, L.T.C. V. CLEMENT

TOWN CLERK, L.T.C.

V

MRS. P.A. CLEMENT

APPELLANT

RESPONDENT

SUIT NO. FSC 77/1962

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FEDERAL SUPREME COURT.

BRETT,



F.J.

TAYLOR,



F.J.

BAIRAMIAN,



F.J.

25th March, 1963.

Tort - Negligence - Vicarious liability - Employee of council causing damages.

Legislation - Lagos Local Government Act as reprinted in 1959, ss.10, 169 and

170.

Practice and Procedure - Parties - Suit for damage

Council servant - Proper defendant the Council.

caused

by Lagos Town

ISSUE:

1. Whether a Town Council is the proper defendant to be sued for the negligence

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50

of its servant.

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