CORAM

CHIMA CENTUS NWEZE

MUHAMMAD S. MUNTAKA-COOMASSIE     JUSTICE, SUPREME COURT

M.L. UWAIS

KUDIRAT MOTONMORI KRKERE-EKUN

GEORGE ADESOLA OGUNTADE JSC (Lead Judgment), JUSTICE SUPREME COURT

PARTIES

CHIEF ADENIGBA AFOLAYAN APPELLANTS

OBA JOSHUA OGUNRINDECHIEF EMMANUEL AJIBOYECHIEF JOSHUA ABODUNRINCHIEF JAMES AREMU RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent sought a declaration that the appellant is not capable of wearing a crown in accordance with the custom of their people.

HELD

The court held that there was a cause of action and that the respondent was entitled to the declaration sought.

ISSUES

1. Whether a declaratory order can be made without a cause of action 2. Whether or not the plaintiffs proved their native law and custom with respect to the wearing of crown by the chiefs in Oko wards and in accordance with their claim on issues which were joined

RATIONES DECIDENDI

CASES CITED

Chief Frank Ebba v. Chief Ogodo [1984] 1 SCNLR 372|Okafor v. Idigo [1984] 1 SCNLR 481|Watt or Thomas v. Thomas (1947) A.C. 484|Ben Max v. Austin Motors Co. Ltd. (1955) A.C. 370|Trower & Sons Ltd. v. Ripstein (1944) A.C. 252 at p.263;|Read v. Brown (1889)22 Q.B.D. 128;|Cooke v. Gill(1873)L.R.8C.P. 107;|Sugden v. Sugden (1957) All E.R. 300|Jackson v. Spittal(1871) L.R. 5 C.P. 542;

STATUTES REFERRED TO

None|

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