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MAJOR NICKSON STANLEY DONG & ORS v. ATTORNEY GENERAL OF ADAMAWA STATE & ORS

(2014) JELR 33563 (SC)

Supreme Court  •  SC.76/2008  •  7 Feb 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): A key characteristic of a chieftaincy tussle in this country is its protracted trial and determination at the Courts below, before it gets to the Apex Court. That is why it is said to have chequered history. Often times the facts are bizarre and the claims of the parties are spurious.

This is one of such cases which started 20 years ago. The Appeal is against the judgment of the Court of Appeal, Jos Division ("the lower court") delivered on 13th October, 2007 dismissing the Appellants appeal. The Appellants herein, were the 2nd to 10th Appellants before the court below. The 1st Appellant died before the appeal was brought to this court. The appeal is thus being prosecuted by the present Appellants who were also the plaintiffs before the trial High Court Yola in Adamawa State.

The Appellants in that Court, after having been granted leave to sue for themselves and on behalf of the DONG COMMUNITY, against the Respondents as Def…

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