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CHIEF SECRETARY TO THE GOVERNMENT
V.
JAMES GEORGE AND OTHERS
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
19TH DAY OF OCTOBER, 1942
2PLR/1944/18 (WACA)
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OTHER CITATION(S)
2PLR/1944/18 (WACA)
(1942) X WACA P. 9
LEX (1942) – WACA P. 9
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN:
CHIEF SECRETARY TO THE GOVERNMENT – Plaintiff-Respondent
AND
JAMES GEORGE AND OTHERS – Defendants
In re ONIKOYI CHIEFTAINCY FAMILY – Defendants-Appellants
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ISSUE(S) FROM THE CAUSE(s) OF ACTION
NA
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PRACTICE AND PROCEDURE ISSUE(S)
JUDGMENT AND ORDER – PRECEDENT:- Existing decision of the Privy Council – Invitation of a lower court, West African Court of Appeal to differ therewith – How treated
COURT:- Invitation to give a decision in conflict with provision(s) of an existing statute – Duty of court thereto
MAIN JUDGMENT
In this case the Appellant asked the Court below and asks us to give a decision in direct conflict with the provisions of section 7 of the Ikoyi Lands Ordinance (Cap. 91) and with the decision of the Privy Council in the case of Bakare Ajakaiye and Others v. Lieutenant-Governor Southern Provinces (29 A.C. 679). The Court below declined to do so, and we must also decline.
The Appeal is dismissed with costs assessed at 20 guineas in favour of the Plaintiff-Respondent;
13 guineas in favour of James George;
10 guineas in favour of P. H. Williams, T. K. E. Phillips and Madam Barikisu Abebi jointly;
10 guineas in favour of Mrs. Remilekun Akinsemoyin, J. St. Mathew Daniel and N. S. Dedeke jointly;
10 guineas in favour of J. T. Nelson Cole, E. O. Moore, P. H. Williams and E. Ewumi Macarthy jointly;
all to be paid by the Defendants-Appellants.
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