Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108833 (CA)    
Court of Appeal  ·  CA/J/174/2016 ·  22 Jul 2021 ·  Nigeria
Raphael Chikwe Agbo, JCA Boloukuromo Moses Ugo, JCA Ebiowei Tobi, JCA

Ratio Decidendi

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice David G. Mann of the High Court of Justice Plateau State delivered on 8th October 2014 in suit No. PLD/P9/2011. The facts that culminated into this appeal is that the Appellants instituted an action against the Respondents at the lower Court for a declaration on the stool of the village Head of Gyang-Gyang in Pankshin Local Government Plateau State. The Appellant case at the lower Court was that there are two ruling families in Gyang-Gyang community which are Luwarang and the Nekwip families. By the tradition and custom of the Gyang-Gyang people, the position of the Head of the Community is rotated between the two families which have sub families. This is not an area of dispute between the parties. Apart from the position of the Head of the community, the next position is the “Gyem-Gyelleng” which is preparatory to take over from the Head of the community when vacancy arises. Wh…

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