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PERMANENT SECRETARY, BUREAU FOR LOCAL GOVERNMENT & CHIEFTAINCY AFFAIRS v.BOLOGI (NIG) LTD

(2017) JELR 34313 (CA)

Court of Appeal 6 Mar 2017 Nigeria
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Case Details

Suit Number:CA/YL/95M/2016(R)
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSAINI Justice of The Court of Appeal of Nigeria
Counsel:Y.N. Akirikwen, Esq. (Hon. Attorney-General of Taraba State) with him, I. A. Sambo, Esq. (State Council II Ministry of Justice, Taraba State) For Appellant Dr. G.O.A. Ogunyomi For Respondent

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Lead Ruling): This High Court of Taraba State sitting in Takum on the 13th day of July, 2015 made an Order of mandamus to compel the Applicant to perform the duties imposed on it by law. By that order of the High Court, the applicant was directed to deduct from the State/Local Government Joint Account of Taraba State under the control of the Applicant, the Judgment sum, the Takum Local Government was indebted to the respondent.

This order of Court, though brought to the notice of the Applicant had not been observed even at the time committal proceedings were initiated against the applicant for contempt. The High Court later dismissed the Committal Proceedings.

The background facts giving rise to this application can be traced to the Manpower Audit Contract wherein Takum Local Government engaged the Respondent, Bologi Nigeria Limited to carry out a manpower review of its staff. When however a dispute arose for the non-payment for work done, th…

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