CORAM

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S. M.BELGORE JUSTICE, SUPREME COURT

U. A. KALGO G. JUSTICE, SUPREME COURT

A. OGUNTADE JUSTICE, SUPREME COURT

M. MOHAMMED JUSTICE, SUPREME COURT

I. F. OGBUAGU JUSTICE, SUPREME COURT

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PARTIES

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ISAH ONU (Madaki of Ajiyolo Aboko-Oche nicknamed Ajiyolo Of alemu)

EJEH ADEJOH

SHAIBU ADEJOH

GABRIEL OKOLO

OMEJI OPALUWA

ALABI ABALAKA [Suing for and on behalf of themselves and members of Aboko and Oche Ruling Houses]

APPELLANTS 

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IBRAHIM IDU

ALIWO FARUNA

ILANI OBAJE (Gago of Abocho)

DEKINA LOCAL GOVERNMENT

THE GOVERNOR OF KOGI STATE

ATTORNEY-GENERAL OF KOGI STATE

RESPONDENTS 

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AREA(S) OF LAW

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CONCURRENT FINDINGS OF LOWER COURTS- WHAT TO PROVE TO SET ASIDE; DOCUMENT MADE IN ANTICIPATION OF SUIT- STATUS;

 

 

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SUMMARY OF FACTS

The appeal is against the concurrent findings of the trial court and Court of Appeal to the effect he was the only one entitled to the stool in contention and that the defendants were not entitled to same. The 1st-3rd defendants in defence stated that they as well as the plaintiff were entitled to the stool on a rotational basis. The trial found for the defendant and same affirmed by the Court of Appeal.

 

 

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HELD

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APPEAL DISMISSED

 

 

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ISSUES

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1. Whether the plaintiffs/appellants had established or led ample material and credible evidence as to their traditional history, which entitled their family exclusively to the Madakiship of Ajiyolo Aboko-Oche otherwise known as Ajiyolo Ofalemu.

 

2. Whether having regards to the pleadings and evidence adduced in support thereof, the Court of   Appeal was right in not interfering with the findings made by the trial court.

 

3.  Is the Madakiship a traditional office?

 

4. Whether the Court of Appeal was right when it held that the trial court rightly rejected the affidavit of late Chief Shaibu Ogbadu.

 

5. Whether the Court of Appeal was right when it dismissed the appeal of the appellants and confirmed the judgment of the trial court despite finding that the trial court had wrongly invoked S.149 of the Evidence Act, Cap.113 Laws of the Federation of Nigeria, 1990.

 

 

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RATIONES DECIDENDI

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MISCARRIAGE OF JUSTICE

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‘The Privy Council in The Stool of Abinabina V. Chief Kojo Enyimadu (1953) 12 WACA 171 at 173 quoted with approval, a definition of the miscarriage of justice necessary for such a purpose previously given by Lord Thanker-ton in Scrimati Bibhabati Devi V. Kumar Ramendre Narayan Roy 62 TLR 549. This is that:

‘The violation of some principle of law or procedure must be such an erroneous proposition of law that if that proposition be corrected the findings cannot stand; or it may be the neglect of some principle of law or procedure, whose application will have the same effect. There is no such violation of any proposition of law or any principle of procedure in the instant case. This ground of appeal must also fail.” {Per Oguntade quoting Per Nnamani in Enang V. Adu [1981] 11-12 SC.17 at page 27 (Reprint) restated the Law}

 

 

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ADMISSIBILITY OF A DOCUMENT OR DEPOSITION MADE IN ANTICIPATION OF A CASE

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“Where a document or a deposition is found to be made in anticipation of a case yet to be initiated it becomes inadmissible”.{ Per G.A Oguntade JSC}

 

 

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WHEN APPELATE COURT CAN SER ASIDE JUDGEMENT OF A LOWER COURT

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“It is now settled, that when there is evidence to support the conclusion of the trial Judge (as in the appeal before the court below) either in granting or dismissing the claim or claims of a party, the Court of Appeal, will not interfere. Also settled, is, where however, it is established on appeal, that the trial court in coming to its decision, either has applied wrong principles of law or has taken into account relevant matters which it ought to have not taken into account or has failed to take the same into account, the Appellate Court, will not hesitate to set aside the judgment” (I.F Ogbuagu JSC)

 

 

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CASES CITED

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1. Oyeleke V. Alamu [1998] 8 NWLR (Part 560) 36.

2. Olukoga V. Faude [1996] 7 NWLR Part 462 516.

3. Sandy V. Hotogua (19..) 14 WACA 18 at 20

4. Lions Building Ltd, V. Shadipe (1976) 12 S.C. 135

5. Macaulay V. Tukuru 1 NLR 35

6. OluOgbolu V. Okeluwa & Ors. (1981) 6-7 S.C. 99

7. Omoroge & Ors. V. Idungienwanye & Ors. (1985)

8. Lawal V. Dawodu (1972) 1 ANLR 270

9.  Mogaji v.Qdofin (1978) 4 S.C. 91

10. Woluchem & Ors. V. Gudi (1981) 5 S.C. 291 at 319.

11. Ajadi V. Alhaja Okenihun (1985) 1 ANLR (Pt. 1) 253

12. Ude & 2 Ors. V. Chimbo & 3 Ors. (1998) 12 NWLR (Pt. 577) 169; (1998) 10 SCNJ. 23.

 

 

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STATUTES REFERRED TO

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Cases referred to in the judgment:

Abinabina V. Chief Kojo Enyimadu (1953) 12 WACA 171

Adeyemi V. Bamidele (1968) 1 A11 NLR 31

Adeyeri II V. Atanda (1995) 5 NWLR (Pt. 377) 512

Adimora V. Ajufo & Ors. (1988) 3 NWLR (Pt 80) l

Ajadi V. Alhaja Okenihun (1985) 1 ANLR (Pt. l) 253

Akesse V. Ababio (l935) 2 WACA 264

Akinloye V. Eyiyola (1968) NMLR 92

Akinola V. Oluwo [1962] 2 NSCC 157

Anyaduba V. NRTC. Ltd. (1992) 5 NWLR (Pt. 234) 535

Atolagbe V. Shorun (1985) 4 S.C. 250 (1985) l NWLR (Pt.2) 360

Chief Victor Woluchem & Ors. V. Chief Simon Gudi & Ore. (1981) 5 S.C.291

Eboade V. Alomesin [1997] 5 NWLR (Pt. 506) 490

Enang V. Adu [1981] 11-12 SC.17

Fasiku II V. Oluronke II [1999] 1SC. 16

Giwa V. Erinmilokun [1961] NSCC 157

Ishola V. The State [1979] 9-10 SC. 81

Kefi v.Kofi l WACA 284

Kisiedu & Ors. V. Dompreh & Ors. (1935) 2 WACA 268

Kojo V. Bonsie (1953) 14 WACA 242

Kuma V. Kuma (1936) 5 WACA 4

Lawal V. Dawodu (1972) 1ANLR 270

Lions Building Ltd. V. Shadipe (1976) 12 S.C. 135

Macaulay V. Tukuru 1 NLR 35

Mbenu V. State [1998] 3 NWLR (Pt.84) 615

Mogaji V. Cadbury [1985]2 NWLR (PL7)393

Mogaji V. Odofin (178) 4 S.C. 91

Nkado & 2 Ors. V. Obiano & Anor. (1997) 5 SCNJ 33

Nnajiofor V. Ukonu [1985] 2 NWLR (Pt. 9) 686

Nzekwe & Ors. V. Madam Nzekwu (1989) 2 NWLR (Pt. 104) 393

Ogbuokweli & Ors. V. Umeanafunkwa & Anor (1994) 4 NWLR (Pt. 341) 676

Okuoja V. Ishola [1982] 7 S.C. 147

Olatunji V. Adisa [1995] 2 NWLR Part 376) 167

Olukoga V. Faude (1996) 7 NWLR Part 462 516

OluOgbolu V. Okeluwa & Ors. (1981) 6-7 S.C. 99

Omorogbe & Ors. V. Idungienwanye & Ors. (1985) 6 SC 150

Osayeme V. State [1966] NMLR 388

Otogbolu V. Okeluwa [1981] 6-7 SC 99

Oyedeji V. Akinyele (2000) FWLR (Pt. 77) 970

Oyeleke V. Alamu [1998] 8 NWLR part 560 36

R.v.Ologen 2 WACA 333

Sandy V. Hotogua (19..) 14 WACA 18

Scrimati Bibhabati Devi V. Kumarl Ramendre Narayan Roy 62 TLR 549

The State V. Ajie (2000) FWLR (Pt 16) 2831

Ude & 2 Ors. v.Chimbo & 3 Ors. (1998) 12 NWLR (Pt.577) 169

Udeze & 2 Ors V. Chidebe & 4 Ors (1990) 1 NWLR (Pt. 125) 141

Udo V. Eshiett [1994] 8 NWLR (Pt 363) 483

UITHMB. V. Aluko [1996] 3 NWLR (Pt. 434) 47

Woluchem & Ors. V. Gudi (1981) 5 S.C. 291

 

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