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CaseLaw

Kutse V.A.G, Plateau State (1999) CLR 3(d) (SC)

Brief

  • Concurrent finding of fact by two lower courts
  • Chieftaincy matters

Facts

This appeal came up as a result of actions consolidated for hearing from the High court of Plateau State. The claims concern the Plateau State Local Government Legal Notice No.7 of 1978 on District headship of Kerang in Mangu Traditional Council. The aforesaid Legal Notice No.7 modified the process of selecting the district Head of Kerang.

The Notice was issued in accordance with section 72(3) (c) of Plateau State Local government Edict 1976. The present appellants who were plaintiffs in the trial court and appellants in the Court of Appeal claimed as follows:

  • a.
    "An order nullifying the Plateau State Legal Notice No. 7 of 1978 as promulgated on the basis of false and fraudulent information.
  • b.
    A declaration that the plaintiffs respective houses of collectively, Galadima house is one of the ruling houses in Kerang District and cannot be excluded from the ruling houses of Kerang in the selection of the District Head.
  • c.
    An order restraining the defendant, its servants, it agents or privies from preventing the plaintiffs from participating in the selection of the district Head of Kerang."

After hearing all evidence, learned trial judge found that in accordance with the law, a committee was set up to investigate and make recommendation leading to Legal Notice No.7, now in issue. He found no substance in the plaintiffs appeal and also dismissed the appeal by upholding the findings of the trial court.

The appellants appealed to the Supreme Court.

Issues

  • 1.
    Whether having regard to the finding of fact that the appellants were...
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