Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43965 (CA)    

Court of Appeal  ·  CA/A/47/97 ·  22 Jun 2000 ·  Nigeria
Other Citations
Bako v. Kuje Area Council (2001) 1 NWLR (Pt.694)380
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULAHI MUNTAKA-COOMASIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
trial court
fair hearing
chief of rubochi
federal capital territory
minister of the federal capital territory
trial judge
exhibit p1
appointment of any chief
investigation panel
lower court
state of pleadings
civil rights
grounds of appeal
issue of fair hearing
legal basis
natural justice
order of the court
28th day of may
case of the appellant
chief of rubochi vide letter
civil proceedings
claims of the appellant
decision of the federal capital territory high court abuja
deliberation of the said panel
dw3 shows
evidence oral
exhibit p3
finding of the lower court
following reliefs
judicial powers
leading judgment
leave of this court
office vide letter
petition of the kingmakers of rubochi
provisions of decree no.
purported removal
removal of the plaintiff
rules of this court
specific finding
such meeting
testimonies of the dw1
view of the foregoing
wrong conclusion

BULKACHUWA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Federal Capital Territory High Court Abuja, delivered on the 28th day of May, 1996.

The appellant as plaintiff before the lower Court took out a writ of summons on the 18th day of November, 1993 claiming against the Respondents the following reliefs:

(1) A declaration that his purported removal from Office vide Letter dated 10th day of November, 1993 reference No.KAC/PF/SEC/783/Vol.2, is unlawful, null, void and unconstitutional.

(2) An order of the court setting aside the removal of the plaintiff as the Chief of Rubochi vide letter dated the 10th day of November, 1993 reference No.KAC/PF/SEC/783/Vol.2.

(3) An order of the court reinstating the plaintiff to his office as the Chief of Rubochi without prejudice to his entitlement as the Chief of Rubochi.

The case of the Appellant was that he was appointed the Chief of Rubochi by his people on the 25th day of September, 1987. However, on th…

There's more. Sign in to continue reading.

judy.legal 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