(1971) JELR 45180 (SC)    

Supreme Court  ·  SC.207/1969 ·  21 May 1971 ·  Nigeria
Other Citations
(1971) All N.L.R 181
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
western state court of appeal
exhibit c
government of western nigeria
regional government
1st appellant
permanent secretary
high court
learned trial judge
medical officer
delumo j.
judgment of the western state court of appeal
4th defendants
examinations of the american board of paediatrics
fatayi williams j.a.
solicitor-general of western nigeria
2nd defendant
3rd defendant dr. badejo adebonojo
adegboyega ademola j.a.
certificate of specialist qualification
clear words of the contract of the parties
conditions of service
course of his evidence
course of that judgment
decision of the western state court of appeal
exhibit e
exhibit f
expiration of the time of the award
following orders
following passage
guarantors of the 1st defendant
leading judgment
medical department
offer of employment
parent of the 1st defendant
part of the case of the plaintiff
reserved judgment
state of connecticut
tenor of exhibits c
united state of america
variation agreement exhibit h
written contract
yale new haven medical center
yale university

COKER, J.S.C. (Delivering the Leading Judgment): The Solicitor-General of Western Nigeria has appealed against the judgment of the Western State Court of Appeal given in matter in which the Solicitor-General had sued the respondent in the High Court, Ibadan on a writ which was endorsed as follows:

"The plaintiff's claim against the defendants jointly and severally is for the sum of 4,909Pounds:15s:3d being liquidated damages for a breach at Ibadan, by the 1st defendant, of an agreement executed in or about October, 1957, as varied by another agreement executed on 6th March, 1962, between the 1st defendant and the government of Western Nigeria.

That 2nd defendant as guardian/parent of the 1st defendant as well as the 3rd and 4th defendants as guarantors to the 1st defendant also executed the said agreement as parties thereto and are also liable to pay the government of Western Nigeria the said sum of 4,909Pounds:15s:3d in consequence of the breach of the said agreement.

The 1st, 2nd, 3…

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