Daniel Adenijga V. Lagos Town Council (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Injunction to restrain Town Council from demolishing a building—Power
to demolish taken under bye-laws by notice—Further notification substituting
different terms—In pleadings Counsel relied on second notice—Rights under
original notice lost.

Facts

In the Court below the appellant lost his action for an injunction restraining the Lagos Town Council from demolishing the whole of a building erected in contravention of the Township Bye-Laws.

The Council gave notice to the appellant dated the 15th March, 1948, to remove a certain building, and if he failed to do so within twenty-one days the demolition would be carried out by the Council. Subsequently the appellant was prosecuted and found guilty of a breach of the Township Bye-Laws. Thereafter, on the 27th July, the Council sent a further notification to the appellant to the effect that, subject to his complying with the terms of this second communication, the Council would not exercise their power of removing the whole building.

Counsel for the appellant argued on this appeal that the second notification of the 27th July was a notice within the appropriate bye-law and that it would be the sole authority for the demolition of the building.

The respondents in their pleadings had relied on the notice of the 27th July, but their Counsel argued on this appeal that they were still entitled to act under the notice of the 15th March.

Held

The respondents were bound by their pleadings and could not set up an entirely different case at the trial in Court or on this appeal. The powers reserved to the Council by the second notification of the 27th July were not sufficiently wide to authorise them to demolish the whole building. An injuncnon restraining the respondents from demolishing the whole building was accordingly granted.

Appeal allowed.