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CaseLaw

Agbana V. Owa (2004) CLR 5(g) (SC)

Judgement delivered on May 21st 2004

Brief

  • Appointment of traditional ruler
  • Concurrent finding of fact by lower courts
  • Record of proceedings
  • Preliminary objection based on late filling of court process

Facts

The Appellant as Plaintiff filed an action in the High Court of Kogi State, holden at Egbe asking for declarative and injunctive reliefs. He asked for a declaration that the purported appointment and or approval of the appointment of the 1st Defendant as the Elegbe of Egbe by the 2nd and 3rd Defendants is null and void and of no effect whatsoever. He also asked for a perpetual injunction prohibiting the 1st Defendant from acting as or parading himself as the Elegbe of Egbe and the 2nd and 3rd Defendants treating the 1st Defendant as the Elegbe of Egbe and or paying him the prerequisites of the said office.

The Appellant gave evidence at the trial. He did not call any witness. The Respondents called six witnesses. At the end of the trial, the learned trial Judge, Medupin, J., gave judgment to the Respondents. He said at page 152 of the Record:

  • "The claim of the Plaintiff against the Defendants both jointly and severally for the declaration that the purported appointment or approval of the 1st Defendant as the Elegbe of Egbe as being void must in the opinion of this Court fail. This Court therefore holds that the 1st Defendant was the person legally appointed as the Elegbe of Egbe in accordance with the tradition and custom of Egbe. Also this Court is satisfied that the appointment of the 1st Defendant before now as the then Baale of Egbe was with effect from 1st January, 1992."

His appeal to the Court of Appeal failed. He has come to this Court.

Issues

  • 1
    Whether the Court of Appeal can deliver her judgment at the date fixed...
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