Just Decided Cases

CHIEF IDELIAGUAHAN OZOGULA II VS THE QUEEN: EX PARTE CHIEF LEWIS EKPENGA

Legalpedia Citation: (1962-04) Legalpedia 54488 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Mon Apr 30, 1962

Suit Number: SC 204/1961

CORAM


ADEMOLA, JUSTICE SUPREME COURT

UNSWORTH, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT


PARTIES


APPELLANTS


THE QUEEN: Ex parte CHIEF LEWIS EKPENGA

RESPONDENTS 


AREA(S) OF LAW


LAW OF EVIDENCE—NATIVE LAW AND CUSTOM—ORDER OF MANDAMUS–APPEAL

 

 


SUMMARY OF FACTS

The respondent/plaintiff had asked for redress by way of an order of mandamus against the appellant/defendant in the High Court compelling him to carry out functions as the Idibiado or head of all the Ibo Chiefs in his town known as Sobe, which by customary law it was his duty to perform. The Court found in favour of the plaintiff, being dissatisfied the defendant has appealed to this Court.

 

 


HELD


Appeal dismissed

 

 


ISSUES


Not Available

 


RATIONES DECIDENDI


PROOF OF CUSTOMARY LAW


It was of the greatest importance that the Native Law and Custom be strictly proved. It is correct that a custom is not proved by the number of witnesses called, but it is not enough that one who asserts the custom should be the only witness. Per ADEMOLA, C.J.F.

 

 


LAW OF SUCCESSION UNDER IBO CUSTOMARY LAW


‘That the custom is that the title devolves on the eldest son of the deceased chief. If he is already an Ibo Chief, the title must be conferred on him and then he would give it to a junior brother. In the circumstances, it cannot be said that the respondent made the application for the writ on behalf of a third party who could have made it himself.’ Per ADEMOLA, C.J.F.

 

 


MANDAMUS


‘It is settled law that on an application for a writ of Mandamus, the Court must be satisfied first that the respondent has a duty of a public nature to perform.’ Per ADEMOLA, C.J.F.

 

 


CASES CITED


R. v. Archbishop of York 20 Q.B.D. 740

Layanju v. Araoye, 4 F.S.C. 154

 

 


STATUTES REFERRED TO


Chiefs Law (W.N.) Law No. 20 of 157

 

 


CLICK HERE TO READ FULL JUDGMENT

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