CORAM
ADETOKUNBO ADEMOLA, CHIEF JUSTICE, NIGERIA
GEAORGE BAPTIST AYODOLA COKER, JUSTICE, SUPREME COURT
CHARLES OLUSOJI MADARIKAN, JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT (Read the Leading Judgment)
ATANDA FATAI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
AMUSA MOMOH & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed he was a member of the Owalukare family ruling house and sought a declaration that the custom of Ikare was that the Olukare is appointed by whoever the Owalukare ruling houses chooses contrary to the registered declaration made by the appellants.
HELD
The court held that the High Court had no jurisdiction to entertain the suit and that the respondent had nolocus standito institute the suit and that the suit discloses no cause of action.
ISSUES
Whether the High Court was right when it held the respondent had the locus standi to institute this suit and whether it discloses a cause of action.
RATIONES DECIDENDI
PROOF OF ENTITLEMENT TO CHIEFTANCY TITLE
We are of the view that it is not enough for the plaintiff to state that he is a member of the family; he has to state further that he has an interest in the chieftaincy title. Per Ademola CJN
JURISDICTION OF THE COURT IN A REGISTERED DECLARATION TO A CHIEFTANCY TITLE
Where there is a registered declaration as to a particular chieftaincy the jurisdiction of the court is ousted. Per Ademola CJN
CASES CITED
Abaekere and 2 others v. Ministry of Chieftaincy Affairs and 2 others case No. AK/15/63 d
STATUTES REFERRED TO