AGBANA
V.
OWA

(1999) JELR 39833 (CA)    

Court of Appeal  ·  CA/A/12/97 ·  30 Mar 1999 ·  Nigeria
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria ZAINAB ALIYU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
1st defendant
learned trial judge
elegbe of egbe
evidence
baale of egbe
lower court
oba olokundun
cross-appeal
3rd defendants
3rd respondents
ruling house
traditional appointors
circumstance of this case
egbe traditional appointors
statement of claim
brief of argument
egbe high court
egbe kingsmakers
exhibits a
grounds of appeal
grounds of cross-appeal
issue of baale of egbe
purported appointment
statement of defence of 1st defendant
suit no. kgd
support of the contention of plaintiff
approval of the appointment of the 1st defendant
baale suit
chiefs appointment
crucial findings of the learned trial judge
deposition law
elders of the ruling house
evidence of dw3
high court
high court of kogi state
honourable court
later state
leading judgment
oba of egbe
oyi traditional council
paragraph statement of claim
plaintiff claims
plaintiffs case
purported appointment of the 1st defendant
ruling houses
substantive grounds of appeal
trial proceedings
witnesses d1

ODUYEMI, J.C.A. (Delivering the Leading Judgment): By a specially endorsed writ of summons filed in the High Court of Kogi State the appellant as plaintiff claimed against the 1st, 2nd and 3rd respondents jointly and severally for:-

(i) a declaration that the purported appointment and/or approval of the appointment of the 1st defendant as the Elegbe of Egbe by the 2nd and 3rd defendants is/are null and void and of no effect whatsoever, and

(ii) a perpetual injunction prohibiting the 1st defendant from acting as or parading himself as the Elegbe of Egbe and the 2nd and 3rd defendants treating the 1st defendant as the Elegbe of Egbe and/or paying him (the 1st defendant) the perquisites of the said office.

In view not only of the brevity of the specially endorsed statement of claim but also on account of its relevance to one of the crucial findings of the learned trial judge which would bear relevance to this appeal. I shall state in full the 5 paragraph statement of claim. It reads:-

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