(2009) JELR 49507 (CA)    

Court of Appeal  ·  CA/A/181/06 ·  12 Jan 2009 ·  Nigeria
MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ABDUL ABOKI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
6th respondents
learned trial judge
ebira area traditional council
kogi state
provisions of section
8th respondents
13th defendant
senior counsel
grounds of appeal
stool of ohinoyi of ebiraland
3rd appellant
legal principle
ohinoyi of ebiraland
1st defendant
attah of ebiraland
local government
paramount ruler
appointment of the 3rd appellant
brief of argument
chief of ebiraland
chieftaincy matters
7th respondent
case of non-compliance
decision of the trial court
exhibits p7
purported appointment of the 13th defendant
totality of evidence
trial judge
3rd april
6th plaintiffs
9th may
appeal 1st
breach of the clear provisions of edict no.3
clear provisions of edict no.3
course of trial
exhibit p5
functions of a paramount chief
judgment of the high court of kogi state
office of ohinoyi of ebiraland
post of ohinoyi of ebiraland
provisions of edict no.
reply brief of argument
said office
set of evidence
title of the paramount ruler of ebiraland
traditional chief

OYESISI F. OMOLEYE, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kogi State holden at Anyigba in Suit NO.HCL/6/98, Alh. M.J. Ibrahim Ohida and 5 Ors. V. Military Administrator, Kogi State and 12 Ors., delivered on 3rd April, 2006.

In an action commenced by way of writ of summons and statement of claim dated the 31st of March, 1998, the 1st - 6th Plaintiffs now in this appeal 1st - 6th Respondents claimed against the Defendants, who are now the Appellants and the 7th and 8th Respondents among others, the following reliefs:

(i) A DECLARATION that the 13th defendant having not vied or applied for the stool of Ohinoyi of Ebiraland and the 3rd - 11th defendants having not recommended the 13th defendant to the 1st defendant for the post or office of Ohinoyi of Ebiraland, the purported appointment of the 13th defendant by the 1st defendant as the Ohinoyi of Ebiraland in his letter dated 2nd June, 1997 is illegal null and void and of n…

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