CORAM

PARTIES

1.    YAKUBU WONDO2.    HAMEED GOMNA3.    SAIDU JATAU(For themselves & on behalf of Turum Clan of Dong District of Balanga LGA, Gombe State)? APPELLANTS

1.    MAL. IBRAHIM BELLO2.    ALHAJI DANJUMA MOHAMMED     GARBA (SARKIN WAJA)3.    WAJA TRADITIONAL COUNCIL? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Appellants instituted an action at the Gombe State High Court against the Defendants/Respondents that the clan to which they belong and known as “Turum Clan” which clan is a part of the Royal Clans in Dong Village under the Waja Chiefdom, was denied the opportunity of participating in the contest for the stool of the Village Head of Dong(Bala)upon its becoming vacant. With the leave of court they filed the action in a representative capacity seeking for a declaration that the Plaintiffs/Appellants representing Turum Clan of Dong which is one of the Clans constituting Dong Village (Now Dong District) in Waja Chieftaincy/Traditional Council of balanga L.G.A. in Gombe State are qualified for selection into the stool of Dong Chiefdom or District and should be included in the process of selection of the Chiefs and District Head of Dong as the case may be from time to time, an order of perpetual injunction restraining the Defendants either by themselves, their agents, assigns from selecting Chiefs for Dong Chiefdom or future District Head to the exclusion of the Plaintiffs and the cost of the action. At the conclusion of the trial, the court found for the Defendants/Respondents and consequently dismissed the claims of the Plaintiffs/Appellants. Dissatisfied, the Appellants have lodged the instant appeal.

HELD

Appeal Dismissed

ISSUES

?    Whether, upon a proper appraisal of the evidence on record, the learned trial Judge was right in dismissing the claim of the Appellants that they belong to one of the Ruling Clans of Dong Village (now District) in Waja Chieftaincy/Traditional Council; and are qualified for selection to the stool, etc, as claimed before the trial Court (Grounds 1 and 2).?    Whether the learned trial Judge properly applied the principle of law that a Plaintiff seeking a declaratory relief, is entitled to rely on aspects of the case of the Defence that supports his case (Ground 4)?    Whether from the facts and circumstances of the Appellants’ case as disclosed by evidence, the learned trial Judge rightly applied the rule in Kojo II V Bonsie (1957) WLR 1223 (Ground 3).

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Court of Appeal Rules, 2011Evidence Act Cap 2011 Cap E. 14

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