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…

MOHAMMED V. HUSSEINI

MOHAMMED
V.
HUSSEINI