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MOHAMMED HUSSEINI & Anor v. MOHAMMED NDEJIKO MOHAMMED & Ors

(2005) JELR 45277 (CA)

Court of Appeal  •  CA/IL/48/2003  •  10 Mar 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants before us were the defendants before the High Court of Kwara State sitting at Ilorin. The respondents, as plaintiffs, had taken out a writ of summons against them claiming -

1. A declaration that the 1st defendant under the age long custom and tradition of Zambufu has no right whatsoever to ascend the throne as the Zhitsu of Zambufu.

2. A declaration that under the native law and custom relating to the selection and appointment of Zhitsu of Zambufu, the 1st defendant's family is not a ruling house in Zambufu.

3. A declaration that the appointment and/or turbaning of the 1st defendant by the 2nd defendant on or about the 12th day of November, 1991 as the Zhitsu of Zambufu is illegal, null and void and of no effect whatsoever as same is against the age long custom and tradition of Zambufu relating to and in connection with the appointment of Zhitsu of Zambufu.

4. A declaration that the 1st plaintiff is the dully selected…

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