Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MOHAMMED
V.
HUSSEINI

(1998) JELR 45669 (SC)    

Supreme Court  ·  SC.233/1994 ·  18 Dec 1998 ·  Nigeria
 · 
Other Citations
Mohammed v. Husseini (1998) 14 NWLR (Pt. 584) 108
CORAM
SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC

Ratio Decidendi

Core Terms Beta
judgment
respondents
counsel
case
defendants
default judgment
learned trial judge
statement of defence
trial court
20th november
civil procedure
honourable court
notice of appeal
1st defendant
2nd defendant
kwara state high court
preliminary objection
zhitsu of zambufu
1st plaintiff
provisions of order
statement of claim
saraa chambers
tradition of zambufu
hearing of the case
affidavit of service
considered ruling
given situation
high court
high court of kwara state
leave of the court
set aside
12th day of november
29th november
appellant zhitsu of zambufu
concurrent findings of fact
court of appeal kaduna
date set
decision of the learned trial judge
decision of the trial court
determination of the appeal
following reliefs
grant of the court
l1st of others
latter set
leading judgment
notice of this proceedings
order commanding
requirement of rule
ruling house

WALI, J.S.C. (Delivering the Leading Judgment): The plaintiffs, after obtaining leave of the court to prosecute their case in a representative capacity, filed their writ of summons in the High Court of Kwara State holden at Ilorin claiming the following reliefs against the defendants:-

"(1) A declaration that the 1st defendant under the age long custom and tradition of Zambufu has no right whatsoever to ascend the throne as the Zhitsu of Zambufu.

(2) A declaration that under the native law the 1st defendant's family is not a ruling house in Zambufu.

(3) A declaration that the appointment and/or turbanning of the 1st defendant by the 2nd defendant on or about the 12th day of November, 1991 as the Zhitsu of Zambufu is illegal, null and void and or no effect whatsoever as same is against the age long custom and tradition or Zambufu relating to and in connection with the appointment of Zhitsu of Zambufu.

(4) A declaration that the 1st plaintiff is the duly selected and appointed Zhitsu of…

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