Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KATSINA LOCAL AUTHORITY & ANOR.
V.
MAKUDAWA

(1971) JELR 45976 (SC)    

Supreme Court  ·  SC.108/1970 ·  26 Mar 1971 ·  Nigeria
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
local authority
high court
court
sub-section
local authority law
notice
first time
learned attorney-general
case
condition precedent
upper area court
section
entire proceedings
such notice
execution of any such act
fact of the notice
ground of appeal
privy council
respect of any alleged neglect
sub
west african court of appeal
written notice
above points
applicability of the sub-section
behalf of the authority
case of a continuance of damage
commencement of the proceedings
condition of jurisdiction
contents of a written document
following observations
following passage
hearing of the appeal
katsina local authority
leading judgment
learned attorney
legal procedures
legal representation
months of the act
north-central state
notice of intention
present respondent
public duties
question of the extent
second appeal
second defendant
service of the notice
such suit
technical requirements
trial of the action evidence

COKER, JSC (Delivering the Leading Judgment): This is a second appeal in a matter which originated in the Upper Area Court, Katsina, in the North-Central State. In that court the present respondent, Alhaji Barmo Makudawa, as plaintiff sued the present respondents, the Katsina Local Authority ("the local authority") and one Sarkin Shanu for the sum of 2,152pounds.10s.0d being the value of 105 cows allegedly sold by him to the local authority and accepted on behalf of the authority by the second defendant, Sarkin Shanu. At the trial of the action evidence was taken by the court from the parties and witnesses, and in a reserved judgment the Upper Area Court found in effect that the plaintiff did sell the cows to the local authority as claimed, and observed as follows:

"In view of the reasons I have stated I accept the complainant's claim against the Katsina Local Authority because he Alhaji Barmo has proved that the authority owes him 115 cattle valued at 2,152pounds.10s.0d,that is 20po…

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