ADERETI VS ATTORNEY GENERAL, WESTERN NIGERIA
September 3, 2025BRITISH INDIA GENERAL INSURANCE CO. LTD VS ALHAJI KALLA
September 3, 2025Legalpedia Citation: (1965-07) Legalpedia 26196 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jul 2, 1965
Suit Number: FSC 94/1963
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
ADAMO LAWANI ADESHINA
APPELLANTS
LAMIDI LEMONU
RESPONDENTS
AREA(S) OF LAW
INTERPRETATION OF STATUTES-PRACTICE AND PROROCEDURE
SUMMARY OF FACTS
The plaintiff/respondent claimed against the defendant/appellant for an injunction to restrain the defendant/appellant from molesting the plaintiff/respondent from fishing in the Lagos lagoon near Apapa, and for damages. The trial court found for the plaintiff/respondent, hence this present appeal.
HELD
Appeal dismissed.
ISSUES
(1) That the learned trial judge erred in law in granting injunction to the plaintiff when according to the Minerals Ordinance, the said area in dispute is vested in the Crown.
(2) That Braide v. Adoki, 10 NLR. 15 applied by the court was wrongly decided
RATIONES DECIDENDI
CONSTRUCTION OF STATUTES
It is a sound rule to construe a statute in conformity with the common law, rather than against it, except where or so far as the statute is plainly intended to alter the course of the common law. Per Bairamian JSC
CASES CITED
R. v. Morris (1867) 1 C.C.R. 90, 95
Boyce v. Paddington Borough Council [109, at 114; 2 Ch. 556; and [1906] Ch. 556; and [1906] A.C. 1
Arnachree v. Kalio (1914) 2 NLR 108
STATUTES REFERRED TO
Minerals Ordinance
