(2002) JELR 44692 (CA)    

Court of Appeal  ·  CA/A/96/2000 ·  26 Mar 2002 ·  Nigeria
Other Citations
Sokwo v. Kpongbo (2003) 2 NWLR (Pt. 803)pg.111
Sokwo v. Kpongbo (2003) 2 NWLR (Pt. 803) 111
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
akuba clan
learned trial judge
stool of aguma of bassa kwomo
1st defendant
aguma of bassa kwomo
4th defendants
4th respondents
edigeshi clans
amended statement of claim
district officer
edegeshi clans
stool of aguma
exhibit d1
independent native authorities
aguma of bassa
aguma of bassa kwomo land
edegeshi clan
first aguma of bassa kwomo
appointment of the 1st defendant
available evidence
brain child of colonial administration
custom of bassa kwomo
death of aguma joseph d. alagani
deposition of chiefs
exhibits p2
incorrect finding of fact
trial court
2nd aguma
bassa lgc
behalf of akuba
careful evaluation of the evidence
clan head of edigeshi clan
defence of 1st respondent
demise of late joseph d. alagani
end of the trial
following reliefs
issue of quorum
leave of the court
leave of the high court of kogi state
particulars of claim
provisions of law no.7
respective grounds of appeal
said odugbo panel
true interpretation of exhibit d1
weight of evidence

ODUYEMI, J.C.A. (Delivering the Leading Judgment): By leave of the High Court of Kogi State, the plaintiff for himself and on behalf of Akuba and Edegeshi ruling houses caused to be issued against the 1st, 2nd, 3rd and 4th defendants on 22nd December, 1998, a writ of summons with the particulars of claim endorsed.

Subsequently, with leave of the court, the plaintiff filed an amended statement of claim wherein he claimed in paragraph 29 the following reliefs:

"a. A declaration that the appointment of the 1st defendant by the 2nd to 4th defendants as the Aguma of Bassa Kwomo land is unlawful, unconstitutional, null and void and of no effect, the 1st defendant not being from any of two ruling clans/houses entitled to the stool nor was he adopted by the Akuba clan, who it is its turn to produce the Aguma after the death of Aguma Joseph D. Alagani (i.e. the immediate past Aguma of Bassa) and more so that the appointment patently violated the provisions of law No.7, 1992 of Kogi State on ap…

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