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…

KATSINA LOCAL AUTHORITY & ANOR. V. MAKUDAWA

KATSINA LOCAL AUTHORITY & ANOR.
V.
MAKUDAWA