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GBOR
V.
SWASE & ORS

(2018) JELR 39332 (CA)

Court of Appeal 19 Apr 2018 Nigeria
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Case Details

Suit Number:CA/MK/124/2015
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:R.K. Amayange, Esq. with him, G.T. Yongo, Esq. For Appellant Daniel Agabi for 1st Respondent.T.K. Akange, Esq. for 2nd and 4th Respondents For Respondent

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Justice, Benue State sitting at Gboko, in suit no. GHC/69/2013 and delivered on 29-04-2014 by Baaki, J., wherein the Court declined jurisdiction to hear the suit on the ground that the action was premature and incompetent and that the Appellant (Plaintiff) lacked locus standi.

Briefly, the facts of the case leading to the Appeal are as follows: Upon the demise of the 6th District Head of Shorov in Buruku Local Government, Nyitse Dom Danyi on 05-07-2013, the Buruku Local Government Traditional Council under the moderation of the Tiv Area Traditional Council converged and selected the 1st Respondent as the new District Head of Shorov via an election wherein the 1st Respondent led the Appellant by 5 votes to 3. The Appellant, dissatisfied with the outcome of the selection exercise, proceeded to the lower Court to challenge the selection, urging that Court to declare him t…

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