CORAM
BOONYAMIN OLADIRAN KAZEEM
S. KAWU, JUSTICE, SUPREME COURT
A. I. IGUH, JUSTICE SUPREME COURT
PARTIES
MALLAM JIMOH SALAWU ,MALLAM HASSAN AKOGUN(for and on behalf of Akogun Family) APPELLANTS
MALLAM ALIYU A. YUSUF,AROJOJOYE II THE Oba of Babanla,AUDU AJIDE AGBOOLA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The matter revolves around a chieftaincy claim brought by the appellant/plaintiff. The respondent counter-claimed. Judgment was given in favour of the respondents. The appellant have unsuccessfully appealed to the lower court and now appealed to the Supreme Court.
HELD
Appeal dismissed
ISSUES
Whether the court below was correct to have upheld the way and manner the learned trial judge ignored the principles enunciated in the case of Kojo v. Bonsie (1957) 1WLR 1223 at 1226 and whether this has not led to a miscarriage of justice in this case against the appellant. Whether having regard to the evidence tendered by the parties and the numerous material contradictions in the case of the respondents and when from the totality of the case of the parties the respondents case ought to fail.
RATIONES DECIDENDI
CASES CITED
1. Kojo v. Bonsie (1957) 1 WLR 1223|2. Balogun v. Akanji (1988) 1 NWLR (Pt.70) 301|3. Olanrewaju v. Gov. of Oyo State (1992) 9 NWLR (Pt.265) 335|4. Jariah v. Goodhead (1997) 4 NWLR (Pt.500) 453.|5. Oladoye v. Adm. Osun State (1996) 10 NWLR (Pt.476) 38|6. Chikere & Ors v. Okegbe & Ors (2000) 12 NWLR (Pt.681) 274.
STATUTES REFERRED TO
Not Available|