ILIYA AKWAI LAGGA V AUDI YUSUF SARHUNA
May 28, 2025OKOLO OCHEMAJE V THE STATE
May 28, 2025Legalpedia Citation: (2008-06) Legalpedia (SC) 14113
In the Supreme Court of Nigeria
Fri Jun 27, 2008
Suit Number: SC. 185/2002
CORAM
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME
MAHMUD MOHAMMED, JSC JUSTICE, SUPREME COURT(Lead Judgment)
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME
MAHMUD MOHAMMED, JSC JUSTICE, SUPREME COURT(Lead Judgment)
KUMAI BAYANG AKA’AHS JUSTICE, SUPREME COURT
PARTIES
1. MICHAEL YUSUF2. OBA PATRICK OWOLEKE OBADOFIN3. CHIEF TOWOFENI OBARULA APPELLANTS
MR. SAMUEL AFOLABI TOLUHI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The case of the Respondents before the trial court was that only the Obaro of Kabba was entitled to appoint the Obani of Oweland and not the Appellants. The Respondents led evidence to prove the custom on the appointment of Obani of Oweland. The Appellant on the other hand did not plead the custom of such appointment but were merely challenging the appointment made by the Obaro of Kabba who was also the chairman of the traditional council of Kabba.
HELD
The court held that the appeal lacked merit and upheld the concurrent decisions of the lower court in favour of the respondent.
ISSUES
1. Whether the Court of Appeal rightly affirmed the decision of the trial court, having regards to the nature of the pleadings and the quality of evidence adduced at the trial of the case?
RATIONES DECIDENDI
CASES CITED
Ezeanya v. Okeke (1995) 4 NWLR (Pt. 388) 142
Agbonifo v. Aiwerioba (1988) 1 NWLR (Pt. 70) 325,
Ajuwa v. Odili (1985) 2 NWLR (Pt. 9) 710.
STATUTES REFERRED TO
NONE
