G.A. ODENEYE V OYEYIPO ALAKATA
August 6, 2025A.G. OF THE MID-WESTERN STATE V CHIEF SAM WARRI ESI
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 12111
In the Supreme Court of Nigeria
Thu Apr 14, 1977
Suit Number: SC. 360/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
SYLVESTER JOHNSON MAYAKI
APPELLANTS
LAGOS CITY COUNCIL CARETAKER COMMITTEE
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE-JUDICIAL NOTICE
SUMMARY OF FACTS
The appellant brought an action against the respondents for wrongful dismissal. However, his letter of dismissal was signed by the Military Administrator acting by virtue of the powers granted him in statutory enactments and not the respondents.
HELD
The court held that it was the Military Administrator (third party to the action) acting under statutory provisions that dismissed the appellant from the service of the respondents
ISSUES
Whether the learned trial judge erred in law in finding that the dismissal of the appellant from the service of the respondent was an act of a third party (who was not before the court) and not by the respondent in consequence of which he dismissed the appellants claim
RATIONES DECIDENDI
WRONGFUL DISMISSAL FROM OFFICE
CASES CITED
Not Available
STATUTES REFERRED TO
LAGOS CITY COUNCIL STAFF (AMENDMENT) REGULATIONS 1966
LAGOS LOCAL GOVERNMENT ACT 1959
LAGOS CITY COUNCIL (DISSOLUTION) DECREE NO 25 OF 1966
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA 1966
MILITARY ADMINISTRATOR OF THE CAPITAL TERRITORY(DELEGATION OF POWERS) NOTCE 1966
EVIDENCE LAW CAP 39 VOL.2 OF THE LAWS OF LAGOS STATE
