(2005) JELR 45114 (CA)    

Court of Appeal  ·  CA/L/505/99 ·  11 Apr 2005 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
1st defendant
1st plaintiff
local government
olorunsogo market
grounds of appeal
22nd november
burden of proof
lead judgment
conclusion of addresses
executive committee
lagos state
native law
trial court
court of appeal rules
establishment of the market
issues nos
number of witnesses
said issues
secret ballot
3rd defendants
amended statement of claim
counter claimants
decision of the supreme court
election of 22nd november
entire judgment of the trial judge
e woman leader of olorunsogo market
has ground of appeal
illegal market
knowledge of the alleged elections
lagos state task force
leading judgment
local government area
nature of the issues
notice of appeal
position of iya oja
position of iya-oja
process of direct election
provisions of subsection
provisions of the rules
result of the inordinate delay

KUMAI BAYANG AKAAHS, J.C.A.(Delivering the Leading Judgment): The crisis which led to the institution of this suit now on appeal is whether the position of Iya Oja i.e woman leader of Olorunsogo market in Lagos State is by appointment under Yoruba native law and custom as contended by the Plaintiffs or that such a custom does not exist and that the post is an elective one as put forward by the Defendants. All the parties to the suit are traders at Olorunsogo Market, Oshodi,Lagos State. Prior to the establishment of the market at the present site, the traders were carrying out their trading activities at Railway Line, Oshodi. Due to the persistent raiding and disturbances meted out on the traders by the Lagos State task force at the Railway Line (which was considered as an illegal market) the traders staged a peaceful demonstration to the office of the Military Governor. On hearing their complaints the then Military Governor Col.Raji Rasaki yielded to the request of the traders by relo…

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