(2005) JELR 45270 (CA)    

Court of Appeal  ·  CA/B/239/2001 ·  19 Jan 2005 ·  Nigeria
Other Citations
Adedolapo v. Mil. Adm., Ondo State [2005] 17 NWLR (Pt.955) 487
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
trial court
presentation of instrument of appointment
staff of office edict
approval of appointment of an oba
grounds of appeal
learned trial judge
1st defendant
4th defendants
brief of argument
honourable court lacks jurisdiction
notice of preliminary objection
notices of preliminary objection
4th defendant
abba aji
appointment of the 4th respondent
briefs of argument
contentious issues
contestable issues of fact
executive council
extraneous matters
following terms
hearing of this case
honourable court
leading judgment
leave of court
legal evidence
local government area of ondo state
merit of the substantive suit
notice of appeal
own notice of preliminary objection
prescribed period
provision of the relevant law
purposes of a particular issue
related reliefs
rules of the court
ruling of 4th august
ruling of the lower court
said edict
said motion
said payment
spite of the wording of s.1
terms of the following ground

NGWUTA, J.C.A. (Delivering the leading Judgment): In a suit resulting from a chieftaincy dispute, the appellants, as plaintiffs, claimed against the respondents, as defendants, among other related reliefs, a declaration that the 4th defendant is not a member of Olule family, in Ose Local Government Area of Ondo State.

Upon service of the writ of summons dated 18th August, 1995 on them the defendants, now respondents, filed notices of preliminary objection. The notice filed by the 2nd, 3rd and 4th defendants jointly is in the following terms:

"Notice of preliminary objection. Take notice that the 2nd, 3rd and 4th defendants/respondents herein and (sic) shall at the hearing of this case inclusive of the motion on notice dated 5th September, 1995, raise an objection and in terms of the following ground and relief;

Ground: Plaintiff's action is not justiceable for noncompliance with sections 1, 2(1)(b) of Approval of Appointment of an Oba and Presentation of Instrument of Appointment and …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login