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ALH. MAROOF ADEKUNLE MAGBAGBEOLA & ORS v. ALH. PRINCE MOROOF OLADIMEJI AKINTOLA & ORS

(2018) JELR 38310 (SC)

Supreme Court  •  SC.275/2011  •  12 Jan 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC;

Judgement

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The issues for deliberation in this appeal as set out by the learned counsel for the appellants are as follows:

"1) Whether the Court of Appeal, Akure Division rightly interpret (sic: interpreted) the provisions of Section 20(1) and (2) of the Chiefs Law Cap 25 of Osun State 2003 to mean that "whether the representation is made by an unsuccessful candidate or his ruling house the representation is limited to allegation that the proper order of rotation has not been observed. Ground 1 of the Notice of Appeal.

2) Whether the Court of Appeal is right in holding that the non-compliance with the provisions of Section 20(1) and (2) by the respondent before coming to Court did not rob the Court of the jurisdiction to entertain the matter. (Ground 1).

3) Whether the Justice (sic: Justices) of the Court of Appeal are right in law to save a patently defective grounds of Appeal which complained both error of law and misdirection of f…

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