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H.C. OKAFOR VS UTOMI ONIANWA & ANOR

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H.C. OKAFOR VS UTOMI ONIANWA & ANOR

Legalpedia Citation: (1964-11) Legalpedia 66884 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Mon Nov 9, 1964

Suit Number: FSC 469/1963

CORAM


BAIRAMIAN, JUSTICE SUPREME COURT

ONYEAMA, JUSTICE SUPREME COURT

AJEGBO, JUSTICE SUPREME COURT


PARTIES


APPELLANTS


1. UTOMI ONIANWA

2. PHILIP O. ONYEBASHI

RESPONDENTS 


AREA(S) OF LAW


PREROGATIVE ORDERS, CERTIORIARI

 


SUMMARY OF FACTS

The applicant sought an order of court vacating the high court’s ruling that quashed the advisers order

 


HELD


The court held that the appeal of the appellants is dismissed and costs of three guineas were awarded to the respondents.

 


ISSUES


That the trial Judge erred in striking off that suit as part of his decision in the certiorari proceedings.

 


RATIONES DECIDENDI


EFFECT OF A REPEALED LAW ON ACTIONS ALREADY TAKEN BASED ON IT


“That argument overlooks the fact that the repeal of a law does not affect anything done in the days when k was in force; the High Court was entitled to look at the Ordinance.” Per BAIRAMIAN,J.S.C

 


CASES CITED


None.

 


STATUTES REFERRED TO


1. Native Courts Ordinance

 


CLICK HERE TO READ FULL JUDGMENT

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