(2021) JELR 108932 (CA)    
Court of Appeal  ·  CA/A/532/2017 ·  24 Sep 2021 ·  Nigeria
Moore Aseimo Abraham Adumein Justice of the Court of Appeal Uchechukwu Onyemenam Justice of the Court of Appeal Elfrieda Oluwayemisi Williams-Dawodu Justice of the Court of Appeal

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the claimant in Suit No. IDHC/1/2017 commenced by way of a writ of summons in the High Court of Kogi State, holden at Idah. In his statement of claim, the appellant sought the following relief:-

"(a) An order compelling the 2nd and 3rd defendants to forward and or recommend the claimant to the 4th defendant for appointment as Onu Ibaji.

(b) An order directing the 4th defendant not to recognize the 1st defendant as the Onu Ibaji.

(c) A declaration that the claimant is the Onu Ibaji having been selected by Unale District of Ibaji Local Government Area being the District to enjoy the stool after the tenure of Onyedega District.

(d) N300,000.00 being general and special damages"

The respondents, who were the defendants in the suit, after entering conditional appearance thereto, filed a notice of preliminary objection to the hearing of the suit on the following grounds:

"i. The Court lacks jurisdiction to h…

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