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ALHAJI ISAH T. SOKWO (SUING FOR HIMSELF AND ON BEHALF OF AKUBA AND EDIGESHI RULING HOUSES) V. JOSEPH DAKU KPONGBO, BASSA AREA TRADITIONAL COUNCIL, KOGI STATE COUNCIL OF CHIEFS & KOGI STATE GOVERNMENT

(2008) JELR 53551 (SC)

Supreme Court  •  SC. 365/2002  •  8 Feb 2008  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) ALOMA MARIAM MUKHTAR JSC MAHMUD MOHAMMED JSC (Read the Lead Judgment) FRANCIS FEDODE TABAI JSC CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC

Appearances
A. T. Kehinde - for the Appellant . -*- G. O. Salihu (Director, Civil Litigation, Ministry of Justice, Kogi State) -*- - for the 2nd - 4th Respondents . -*- Funsho Agbanah (with him, James Olowoyo) - f or the 1st B -*- Respondent .

Judgement

MOHAMMED JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 26th March, 2002. In the judgment, the Court of Appeal dismissed the appeal by the appellant, who was also the appellant in that court and allowed the cross-appeal of the respondents, who were also the respondents in that court. The appellant’s appeal at the court below was against the judgment of the High Court of Justice of Kogi State, sitting at Dekina, delivered on 12th June, 2000. The appellant who was the plaintiff at the trial court suing for himself and on behalf of Akuba and Edigeshi ruling houses had brought an action against the respondents who were the defendants, claiming the following -

“(a) A declaration that the appointment of the 1st defendant by the 2nd to 4th defendants as the Aguma of Bassa Kwomo land is unlawful, unconstitutional, null and void and of no effect, the 1st defendant not being from any of two ruling clans/houses entitl…

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