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CaseLaw

Alhaji Hamzat V. Alhaji Sanni (2015) CLR 1(b) (SC)

Judgement delivered on January 20th 2015

Brief

  • Preliminary objection
  • Jurisdiction
  • Signing of legal processes
  • Consequential order
  • Order 2 Rule 9(1) Supreme Court rules

Facts

This appeal by the appellants, who were respondents, is against the unanimous judgment of the Court of Appeal, Ibadan Division delivered on the 5th day of March, 2012.

Briefly, the facts of this case are that the appellants as plaintiffs instituted an action against the Respondents as Defendants in the High Court of Ogun State, Sagamu Judicial Division, by their Writ of Summons dated 18th day of December, 2001. In the writ which was issued and signed by their counsel "MUYIWA OBANEWA Esq. of OLUMIYIWA OBANEWA and Co. Legal Practitioners, the plaintiff claimed as follows:

  • 1
    A Declaration that the 1st plaintiff is the rightful holder of the office of the Chief Imam of Isara-Remo having been duly turbaned on the 23rd day of August, 2001 by the generality of the Muslim community in Isara-Remo.
  • 2
    A Declaration that the purported turbaning of the 1st Defendant as Chief Imam of lsara Remo on the 24th day of August, 2001 by the 2nd and 3rd Defendants is irregular, null and void and of no effect as the appointment of the Muslim done without the consent of the Muslim community in Isara-Remo.
  • 3
    An order setting aside the purposed turbaning of the 1st Defendant as Chief Imam of Isara-Remo of 24th day of August 2001 by the 2nd and 3rd Defendant.”

On pages 47 – 48 and 83 – 84 the “statement of claim” and “Amended statement of claim” of the plaintiff respectively were both signed by their counsel thus:

“OLUMUYIWA OBANEWA & CO. LEGAL PRACTITIONERS, SOLICITORS TO THE PLAINTIFFS.”

In proof of their claim, the Appellants in both their pleadings and evidence contended that the 1st Appellant was turbaned the Chief Imam of Isara-Remo, Ogun State by one Alhaji Rabiu Sunmolorun, the Baba Adinni of Isara Remo General Mosque on 23/8/2001 after appointment of Muslim Chiefs in the Central Mosque and by the majority of 112 out of 161 of the Imam of the Ratibi Mosque and after ratification by the worshippers at the Central Mosque.

Learned trial Judge after taking evidence of witnesses and addresses of counsel to the respective parties found in favour of the Appellants and granted all their claims.

The Respondents herein dissatisfied with this decision appealed to the Court of Appeal which held that the appellants' claim was not proved and accordingly dismissed the appeal. It was against that decision the appellants have now come to this court.

Issues

  • i
    Whether or not the Court of Appeal was right to have held that the...

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