(2005) JELR 45134 (CA)    

Court of Appeal  ·  CA/A/33/99 ·  17 Mar 2005 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria MARY PETER ODILI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
exhibit p2
exhibit d2
evidence act
arabic language
public document
language of the court
lower court
trial court
english language
evidential value
learned counsel
admissibility of exhibit d2
statement of claim
common knowledge
supreme court
totality of the evidence
anlogu v. iweka ii
briefs of argument
case of oseni
court of appeal rules
egume centrol mosque
entire contents of exhibit p1
exhibit d2 ought
exhibit p3
following reasons
high court of justice of kogi state
imam of egume central masque
issue no.
issue of exhibit p2
language of the courts
leading judgment
learned trial
notice of appeal
olumesan v. ogundepo
order af injection
order of court
paras e-f. see
plaintiff claims
position of imam of central mosque egume
respective parties
second issue
v. chief b. a. nwauwa
v. ojoh

I. T. MUHAMMAD, J.C.A. (Delivering the leading Judgment): The appellant herein as Plaintiff at the High Court of Justice of Kogi State holden at Ayangba (the lower court) took out a Writ of Summons against the Respondent as defendant. The claims endorsed in the Writ which were affirmed in Paragraph 14 of the Statement of Claim read as follows -

"WHEREOF the Plaintiff claims against the Defendant:

1. A declaration that Ali Achimi the Plaintiff in this matter is the valid, legitimate, recognized and for all purposes, the only person entitled to the office of Imamship at Egume Centrol Mosque which offices he now occupy (sic) to the satisfaction and enjoyment of all dominant Muslims within and outside the Egume Muslim Community.

2. A declaration that the ascension to the office of Imamship by the Plaintiff is in accordance with settle (sic) customs, convention, tradition and relevant rules governing the appointment and selection of person to the vacant stool of Imamship of Egume Central M…

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