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CHIEF J. A. AGBANA V RTD. MAJOR S. K. OWA

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CHIEF J. A. AGBANA V RTD. MAJOR S. K. OWA

Legalpedia Citation: (2004) Legalpedia (SC) 51131

In the Supreme Court of Nigeria

Fri May 21, 2004

Suit Number: SC.83/2000

CORAM


SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

AUGUSTINE NNAMANI, JUSTICE SUPREME COURT


PARTIES


CHIEF J.A. AGBANA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant claimed that the appointment of the 1st respondent to the chieftaincy stool in dispute was null and void because he was the proper person nominated by the kingmakers. He did not give any evidence of the nomination.


HELD


The court held that the lower courts were right in dismissing his claim.


ISSUES


1. Whether or not it was proper of the Court of Appeal not to give notice of hearing of the judgment to the appellant when she adjourned judgment sine die at the time of hearing the appeal on 26/1/99 as shown by last 2 lines of page 235 of the record (Ground 1) and2. Whether the Court of Appeal properly considered the appeal before her or not.


RATIONES DECIDENDI


CASES CITED


1. Nwosu V. Board of Customs and Excise (1988) 5 NWLR (Pt. 93) 225 at 2282. Okechukwu and sons V. Ndah. (1967) NMLR 368;3. Balogun V. Labiran (1988) 3 NWLR (Pt. 80) 66;4. Adeooke V. Adibi (1992) 6 NWLR (Pt. 242) 410


STATUTES REFERRED TO


NONE


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