CHIEF EMMANUEL OGUNBADEJO VS OTUNBA A.L.A OWOYEMI
July 10, 2025JESSICA TRADING CO. LTD VS BENDEL INSURANCE CO. LTD.
July 10, 2025Legalpedia Citation: (1993) Legalpedia (SC) 14111
In the Supreme Court of Nigeria
Fri Jan 29, 1993
Suit Number: SC. 241/1989
CORAM
OBASEKI, JUSTICE SUPREME COURT
S.A. BELGORE, JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
SOWEMOMI, JUSTICE, SUPREME COURT
PARTIES
ATTORNEY GENERAL KWARA STATECOMMISSIONER FOR LOCAL GOVERNMENT, KWARA STATEATUNDE AJEIGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed title to the chieftaincy stool which was last held by his father in 1981, the appellants could not discredit the evidence called by the respondent. The court of appeal relied on the evidence adduced to hold that the cause of action arose in 1981.
HELD
The court held that the jurisdiction of the High Court was not ousted because the cause of action arose in 1981 after the 1979 constitution came into force and that the respondent established his right to his claims.?
ISSUES
1. Whether the Court of Appeal was right to have held that the jurisdiction of the High Court was not ousted in this matter which undoubtedly raised a chieftaincy question.2. Whether the Court of Appeal gave its due consideration to the merit of the plaintiff and reached a correct decision on the point. 3. Whether the failure of the 3rd appellant to give evidence personally or call any credible witness to establish his appointment before 1st October, 1979 was fatal to his case
RATIONES DECIDENDI
CASES CITED
Izenkwe v. Nnadozie 14 W.A.C.A. 361, at p. 363; Adeyemi & 4 Ors v. Opeyori (1976) 9-10 S.C. 31 at N.W.L.R. 517Simpson v. Robinson, 12 Q.B. 511Osawura v Ezeiruka (1978) 6-7 S.C. 135; A.G. Bendel State v Aideyan (1989) 4 N.W.L.R. (Pt. 118) 646?
STATUTES REFERRED TO
None
