CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
EMMANUEL ARAOYE
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
JUDGMENT AND ORDERS- WRIT OF MANDAMUS
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
A writ of mandamus to compel the Are of Ire to approve the chieftaincy status of the respondent was set aside on appeal on grounds of jurisdiction at which time the approval had already be given.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the appellant would have to take a fresh action to set aside the approval.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the approval of the respondent ought to have been set aside after the writ of mandamus under which he was appointed was set aside.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. WHEN IS A WRIT OF MANDAMUS ISSUED.
‘The writ is issued to compel a person to perform an act which he has a public duty to per-form; and it presupposes that he has the power to perform that act. If that person has performed his duty, it is immaterial whether he did so of his own volition or in compliance with a writ of mandamus: in either case it was his duty that he per-formed.’ Per Brett F.J
2. EFFECT OF THE REVERSAL OF AN ORDER OF MANDAMUS BY AN APPELLATE COURT
‘It does not follow that, when a writ of mandamus is set aside on appeal on the ground that it was issued without jurisdiction, an act done in compliance with the writ should automatically be set aside: for the decision to set aside the writ is purely technical: it is not a decision that the duty does not exist, or that the act done is one which ought not to have been done.’ Per Brett F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Lagunju v. Olubadan in Council 12 W.A.C.A. 233 and 406
STATUTES REFERRED TO
Not Avaialble