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HRH ALHAJI SHEHU TIJANI USMAN & ORS v. CHIEF S. OKARAGA LAWAL & ORS

(2009) JELR 33036 (CA)

Court of Appeal  •  CA/A/259/2008  •  16 Dec 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MARY U. PETER-ODILI JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

MARY U. PETER-ODILI, J.C.A.: (Delivering the Leading Judgment): The Appellants were dissatisfied with the ruling/decision of the High Court of Kogi State; Obangede dated 30th April, 2008. The dissatisfaction was evinced in the Notice of Appeal dated 30th April, 2008 and filed after leave of the trial court was granted on 8th May, 2008. In the appeal the Applicants are seeking the intervention of this court in which their Fundamental Human Rights to fair hearing will be impeached if the refusal and/or failure of the trial court to join them in the case in which their vested right in the status/stool of the Paramount Ruler of the Ihima district in contest is allowed to stand.

The claims of the Claimant/Respondents herein are clear on the Statement of Claim which can be found on pages 1-9. The Claimants/Respondents represent one out of the six clans that are entitled to the stool of the Paramount ruler of Ihima District, yet it was claimed in paragraph 46 of the Statement of Claim as fol…

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