A.R.C. OF NIG. (NO.3) IN RE: O.C. MAJOROH
V.
FASSASSI

(1987) JELR 40031 (SC)    

Supreme Court  ·  SC.193/1986-J2 ·  2 Jun 1987 ·  Nigeria
 · 
Other Citations
ARCON v. Fassassi (1987) NWLR (Pt. 59) 1 (1987) 6 S.C 1-14
CORAM
KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC BOOYAMIN OLADIRAN KAZEEM JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC
Editorial Summary
The High Court delivered a judgment in 1982 directing the registration of the respondent by the Architects Registration Council of Nigeria. The Council failed to comply with the order and the failure formed the basis of this appeal to the Supreme Court. The Supreme Court found as a fact that there is an Acting Registrar of the Council, and directed that the respondent be registered as the order was directed to the Council and its officers. The Court further held that the appellant was not in contempt and allowed the appeal on that ground.
Core Terms Beta
order
council
judgment
appeal
respondent
section
architects
architects registration council of nigeria
duties
persons
regard
registrar of the council
registration
architects registration council
brother
chief williams
court
eso
fact
o.c. majoroh
officers
order of the court
part of the register of architects
prof. fassassi
registrar
15th january
basis of this appeal
brother kayode eso j.s.c.
contention of the appellant
council's default
direct offshoot of a case
duty
final appeal
fit person
following facts
high court of lagos state
high court order of 15th january
judgment of the high court
kayode eso
leading judgment
maintenance of register of the names
open court
order register
positive order
presiding justice
prof. m.a. fassassi
said court order
specified manner
stage
such duties


ESO, J.S.C. (Delivering the Leading Judgment): This appeal is a direct offshoot of a case wherein the High Court of Lagos State has made a positive order to the effect that-

"The Defendant (sic. The Architects Registration Council) by any of its members, officers or servants performing the 'duties' specified in section 5 of the Act, shall upon being served with this Order register the Plaintiff (sic. Prof. Fassassi) in that part of the Register of Architects in respect of fully registered persons and entitling the Plaintiff to practice as principal under the Act." (Italics mine)

This Order, which has been made, since 15th January, 1982, was never challenged by the Architects Registration Council of Nigeria, yet, the order has still not been carried out. And though, that Council is not directly a party to this appeal, it is the Council's default to obey the said Court Order, that has formed the basis of this appeal.

At this stage, I do not intend to set down what is in dispute, in the…

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