CORAM

SYLVESTER UMARU ONU JUSTICE,SUPREME COURT

UMARU ATU KALGO JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

PARTIES

T. O. OWOSENI(For and on Behalf of Oniseri Family of Iju) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants made series of complaint to the commissioner for chieftaincy affairs against the appointment made to fill the vacant chieftaincy stool in dispute before instituting this action.

HELD

The court held that they exhausted administrative remedies before filing the action and therefore the action was competent.?

ISSUES

1. Did the appellant comply with the procedural steps stipulated in the Chiefs Edict 1984 of Ondo State before instituting action at the trial court?.2. Was the Court of Appeal right to dismiss the cross-appeal, when it did not find it necessary to consider and determine the only issue identified by the cross-appellant in the cross appeal”.

RATIONES DECIDENDI

CASES CITED

1. ADESOLA vs. ABIDOYE (1999) 14 NWLR (pt 637) 28. 2. ARIORI vs. ELEMO (1983) 2 SCNLR 1; (2003) 4 SCM, 187; Vol. 1 ACLC, 26 3. SHITTA – BEY vs. A.G. FEDERATION (1998) 10 NWLR (pt 570) 3924. ELESO vs. GOVERNOR OF OGUN STATE (1990) 21 NSCC (Pt 2) 11?

STATUTES REFERRED TO

THE ONDO STATE CHIEFS’ EDICT 1984?

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