PEENOK INVESTMENTS LTD V HOTEL PRESIDENTIAL LTD
July 24, 2025DAVID EBOSE AKPASUBI V MADAM IYAGBAYE UMWENI
July 24, 2025Legalpedia Citation: (1982) Legalpedia (SC) 71613
In the Supreme Court of Nigeria
Fri Dec 3, 1982
Suit Number: SC. 16/1982
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
GEORGE I.U. OBAYUWANA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant applied for the post of a member of customary court and was appointment on contract for one year. His contract was renewed for eighteen months. Upon the emergence of the first respondent, Professor Ambrose Alli, as civilian Governor of the State an Order revoking the appointments of Presidents and Members of customary courts in the State was published.
HELD
The Court held that the appeal succeeds, the judgment of the Federal Court of Appeal together with the award of costs thereon, is hereby set aside; and the judgment of, together with the order for costs to the appellant by the respondents made by, the Bendel State High Court be and is hereby restored; in addition the appellant is to have his remuneration up to and including the 25th March, 1981.
ISSUES
Whether the appellant is still a member of the Customary Court aforesaid and entitled to his normal salaries and/or benefits?
RATIONES DECIDENDI
MEANING OF EXISTING LAW
“existing law means any law and includes any rule of law or any enactment whatsoever which is in force after that date” Idigbe, JSC.
LEGAL MAXIMS
“The maxim of the law is lex non cogit ad impossibilia.” Idigbe, JSC.
CASES CITED
1. A.G. for Ogun State v. The Federation (decided on 5th February, 1982 and reported in (1982) 3 NCLR 166 at 179, (1982) 1-2 S.C. 13 at 43
2. P.O. Ewerami v. African Continental Bank Ltd. (1978) 4 S.C. 99
3. Reilly v. The King (1934) AC 176.
4. Marshall v. Granvill (1917) 2 KB 87
STATUTES REFERRED TO
NONE
