AUDU
V.
GUTA & ANOR

(2003) JELR 44893 (CA)    

Court of Appeal  ·  CA/IL/3/2002 ·  7 Jul 2003 ·  Nigeria
 · 
Other Citations
Audu v. Guta (2004) 4 NWLR (Pt.864)463
CORAM
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence
appellant
plaintiff
etsu yampa of ogudu
case
statement of claim
learned trial judge
1st defendant
trial
etsu of tsonga
ogudu village
village head
p.w.3
record of appeal
senior counsel
traditional council
trial court
council of ogudu
inter alia
second ruling house
first defendant
first etsu yampa of ogudu village
relevant paragraphs
totality of the evidence
2nd defendant
background facts of the case
behalf of ibrahim family of ogudu
chief ndanusa
close of the case
cogent uncontradictory evidence
conclusion of the evidence
cross-examination
etsu yampa chieftaincy stool of ogudu
following orders
following people
ilorin high court of kwara state
joint statement of defence of the defendants
kingmakers of ogudu village
leading judgment
ogudu village headship
present appeal
principal allegations of fact
quick understanding of the issue
selection of the present etsu yampa
tradition of the people of ogudu
vacant post of etsu yampa of ogudu

SYLVANUS ADIEWERE NSOFOR, J.C.A. (Delivering the Leading Judgment): The plaintiff, qua appellant herein, suing in a representative capacity i.e. "for himself and on behalf of Ibrahim Family of Ogudu", by his writ of summons filed in the Ilorin High Court of Kwara State on the 3rd of April, 1996, had claimed, as endorsed on the writ and repeated in paragraph 24 of the statement of claim:-

"24 Whereof the plaintiff claimed as follows:-

1. A declaration that 2nd defendant's appointment in September, 1991 of the 1st defendant, as Etsu Yampa of Ogudu is ultra vires, illegal and contrary to the custom and tradition of the people of Ogudu.

2. A declaration that the plaintiff's family is the next family to present a candidate for the vacant post of Etsu Yampa of Ogudu.

3. An injunction restraining the 2nd defendant from or installing the 1st defendant as Etsu Yampa of Ogudu."

Written pleading were ordered in the suit. They were filed delivered and exchanged. The case was fought and contested…

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