(2000) JELR 44166 (SC)    

Supreme Court  ·  SC.140/1994 ·  19 May 2000 ·  Nigeria
Other Citations
Sha (Jnr) v. Kwan (2000) 8 NWLR (Pt.670)685
Sha (Jnr) v. Kwan (2000) 8 NWLR (Pt. 670) 685
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
lo-kwei family
ground of appeal
2nd defendants
trial judge
2nd defendant
only issue
said issue
du district
judgment of the trial court
2nd respondent
4th defendants
decision of the court of appeal
findings of the trial court
member of the lo-kwei family
briefs of argument
members of the lo-kazang family
omnibus ground
post of gwom kabong
set of facts
single issue
unanimous decision
village head of kahong
1st defendant
barkin ladi traditional councils
behalf of the lo-kazang family
behalf of the lo-kwei family
claim of the 2nd appellant
conclusion of hearing
court of appeal suo motu
court of this judgment
determination of this court
following cases
high court of justice
high court of justice of plateau state
leading judgment
member of the appellants
number of other things
only candidate
own issue
respective counsel
said judgment
such further relief
uncontradicted testimony of dw

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated on the 22nd day of July, 1988 in the High Court of Justice of Plateau State of Nigeria, holden at Jos. In that court, the plaintiffs, for themselves and on behalf of the LO-Kwei family claimed against the 1st and 2nd defendants, for themselves and on behalf of the Lo-Kazang family, together with the 3rd and 4th defendants jointly and severally as follows -

"A declaration that the 2nd defendant being not a member of the LO-Kwei family is not eligible and indeed not entitled to contest the post of GWOM KABONG (i.e. village head of Kahong) and/or to be selected, elected. installed or otherwise whatsoever.

(b) A perpetual injunction restraining the 2nd defendant from contesting or otherwise seeking to be selected as the Gwom Kabong (i.e. village head of Kabong).

(c) A perpetual injunction restraining both the 3rd and 4th defendants from appointing and/or installing the 2nd defendant…

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