E.A. EMUZE V THE VICE CHANCELLOR, UNIVERSITY OF BENIN
June 16, 2025CHARLES UDEGBUNAM V FED. CAP. DEV. AUTHORITY
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 11533
In the Supreme Court of Nigeria
Fri May 23, 2003
Suit Number: SC. 76/1999
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
GANIYU LAWAL MOSOJO(For himself and on behalf of all other members of Obasinkin logun kando family of Ila Orangun) APPELLANT(S) / PLAINTIFF(S)
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
Briefly put the Plaintiff’s case is that he is a member of the Obasinkin Lagun Kando family of Ila-Orangun and that he took the action on behalf of himself and the family. He said the Obasinkin Chieftaincy is exclusive to his family and that the appointment of the 1st Defendant as the Obasinkin by the other Defendants is contrary to native law and custom of Ila-Orangun, because the 1st Defendant is not related to the Logun Kando family.
HELD
Appeal allowed
ISSUES
Whether the cause of action in this case arose in 1960 when the Chieftaincy Declaration (Exhibit D) was made and the 1st Defendant’s family made a second Ruling House therein, or in 1983 when the 1st Defendant was installed as the Obasinkin to the detriment of the Plaintiff’s family.Whether the trial High Court has jurisdiction or whether Exhibit D is still valid and therefore subsists.
RATIONES DECIDENDI
CAUSE OF ACTION – DEFINITION OF CAUSE OF ACTION
The words “cause of action” have been defined by this Court in a number of cases simply to mean the facts which when proved will entitle a Plaintiff to a remedy against a Defendant . Per I. L. KUTIGI J.S.C.
CAUSE OF ACTION – WHEN DOES A CAUSE OF ACTION ARISE
“A cause of action arises on the date of occurrence, neglect or default complained of and not the consequence or result of any of the above.” KUTIGI, JSC.
CASES CITED
SAVAGE V. UWECHA (1972) 3 S.C. 214BELLO V. ATTORNEY GENERAL OF OYO STATE (1986) 5 N.W.L.R. (PT. 45) 828EGBE V. ADEFARASIN (1987) 1 N.W.L.R. (PT. 47) 1).
STATUTES REFERRED TO
NONE?
