Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KNIGHT FRANK & RUTLEY (NIGERIA) & ANOR.
V.
AG KANO STATE

(1998) JELR 45665 (SC)    

Supreme Court  ·  SC.218/1991 ·  24 Apr 1998 ·  Nigeria
 · 
Other Citations
Knight Frank & Rutley (Nig.) v. A.-G., Kano State (1998) 7 NWLR (Pt.556) 1 (1998) 4 S.C 251 (1998) All N.L.R 488
Knight FrankRutley (Nig.) v. A.-G., Kano State (1998) 7 NWLR (Pt. 556) 1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellants
constitution
court of appeal
fourth schedule
kano state
state government
local governments
valuation list
government
ultra vires
local government
collection of property rates
collection of rates
learned trial judge
brief of argument
local government council
such rates
trial court
valuation list of all rateable hereditaments
area of kano state
purposes of this part
chief judge of the state
government of kano state
high court
main functions of a local government council
10th day of november
behalf of kano state government
chief judge of kano state
provision of arbitration law of the kano state
subject matter
above provisions of the constitution
appointment of the appellants
arbitration law
behalf of the government of kano state
constitutional authority
constitutionality of acts
edict no.
following findings
opinion of the high court of kano stale
possibility of the local governments
power of assessment
responsibilities of local governments of the state
solicitor of the government
solicitors of the appellants
sub-section
then commissioner
validity of the contract
valuation contract
various functions
written agreement

UWAIS, CJN (Delivering the Leading Judgment): By a written agreement entered into on the 10th day of November 1983 between the then Commissioner for Finance, Kano State, and the appellants the latter were to "prepare a valuation list of all rateable hereditaments for the collection of property rates in the area verged GREEN on the attached plan and the NEW EXTENSION (No Man's Land) area of Kano State." The agreement provides that the appointment of the appellants, by the Commissioner, who acted on behalf of Kano State Government, to prepare the valuation list should be deemed to have taken place retrospectively with effect from the 13th day of November, 1980.

Clause 12 of the agreement reads:

"ARBITRATION - Every dispute arising from this agreement shall be referred to an Arbitrator to be generally accepted by the parties: failure to agree on the appointment of an Arbitrator, either party may apply to the Chief Judge of the State for the appointment of an Arbitrator, in which case th…

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