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MUSA SHA (JNR) & ANOR v. DA RAP KWAN & ORS

(2000) JELR 44166 (SC)

Supreme Court  •  SC.140/1994  •  19 May 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated on the 22nd day of July, 1988 in the High Court of Justice of Plateau State of Nigeria, holden at Jos. In that court, the plaintiffs, for themselves and on behalf of the LO-Kwei family claimed against the 1st and 2nd defendants, for themselves and on behalf of the Lo-Kazang family, together with the 3rd and 4th defendants jointly and severally as follows -

"A declaration that the 2nd defendant being not a member of the LO-Kwei family is not eligible and indeed not entitled to contest the post of GWOM KABONG (i.e. village head of Kahong) and/or to be selected, elected. installed or otherwise whatsoever.

(b) A perpetual injunction restraining the 2nd defendant from contesting or otherwise seeking to be selected as the Gwom Kabong (i.e. village head of Kabong).

(c) A perpetual injunction restraining both the 3rd and 4th defendants from appointing and/or installing the 2nd defendant…

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