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S.A. AUTHORITY V.. REGIONAL TAX BOARD

(1970) JELR 45925 (SC)

Supreme Court 10 Apr 1970 Nigeria
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- The case involves a dispute over whether the Holy Apostles' Community Aiyetoro in Ilaje District Council Area is liable to pay tax under the Income Tax Law of Western Nigeria. - The High Court and the Court of Appeal of the Western State

Case Details

Suit Number:SC.273/1969
Judges:IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Counsel:Chief Williams For Appellant Adio (Principal State Council, Western State) For Respondent
Other Citations:(1970) All N.L.R 177

LEWIS, JSC (Delivering the Leading Judgment):- In suit M/42/67 in the Ibadan High Court the plaintiff's summons read:-

"The plaintiffs claim against the defendants a declaration that the Holy Apostles' Community Aiyetoro, in Ilaje District Council Area, is not liable to pay tax under the Income Tax Law of Western Nigeria."

On the 27th day of November, 1967 Thompson, J. dismissed the action and on the 13th day of December, 1968 in appeal CAW /46/68 the Court of Appeal of the Western State dismissed the appeal and upheld the dismissal of the action by Thompson, J. though it set aside certain consequential orders that he made. Against that dismissal the plaintiffs have appealed to this Court.

Now it is necessary to say at the outset that this appeal has been argued within a fairly narrow compass as it was not disputed by either party that the matter could be determined without necessitating any constitutional interpretation such as the Court of Appeal of the Western State thought necessa…

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