SANNI & ORS
V.
HAMZAT & ANOR

(2012) JELR 49283 (CA)    

Court of Appeal  ·  CA/I/167/07 ·  5 Mar 2012 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
rightful holder of the post of chief imam
isara-remo
turbaning of the 1st appellant
chief imam of isara-remo
decision of the high court of justice
withholding of evidence
post of chief imam of isara-remo
1st appellant
muslim community
alleged appointment
turbaned chief imam of isara-remo
evidence act cap
general circumstances of this case failure of the respondents
chief imam
amended statement of claim
appointment of the 1st appellant
installation of the 1st respondent
ogun state
appointed date
representative capacity
brief of argument
order of the court
approval of the isara muslim community
leading judgment
strength of their evidence
vis paragraphs
laws of the federation
trial court
see busari v
pw2
said appointment
evaluation of the evidence of the appellants
remo-land council of muslim chiefs
amended notice of appeal
independent national electoral commission
j.c.a
exhibits e-k
installation of the 1st appellant
notice of appeal
traditional ruler of isara-remo
declaratory reliefs
elaborate lead judgment of tobi
special resolution
counter affidavit of the appellants
ogun state high court
interlocutory injunction
strength of their case
part of the record of the court

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment): The appeal arose from the decision of the High Court of Justice of Ogun State holding at Sagamu in the Sagamu Judicial Division (the court below) by which it declared the 1st respondent the rightful holder of the post of Chief Imam of Isara-Remo. It also set aside the turbaning of the 1st appellant as the Chief Imam of Isara-Remo for been null, void and of no effect.

The 1st appellant and the 1st respondent had tussled over the post of Chief Imam of Isara-Remo in the court below. The 1st respondent relied on his alleged appointment by the Muslim community as the Chief Imam on 23.8.01, while the 1st appellant relied on his alleged appointment by the Ratibis, leaders of the local mosques' on 24.8.01.

The court below accepted the respondents' case and entered judgment declaring the 1st respondent the duly appointed and turbaned Chief Imam of Isara-Remo. The court below also set aside the appointment of the 1st appellant as …

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