MR. GAMU YARE (CHUN MADA) V. ALHAJI ADAMU NUNKU & ORS

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant was appointed the Chun Mada of Mada in Plateau State on the recommendation of the 4th, 5th and 6th defendants; the appointment was approved by the then Military Governor of Plateau State. Pleadings having been ordered were duly filed and exchanged; all the six defendants filed a joint statement of defence. Thereafter, the 1st defendant who is now the appellant before us filed a motion praying the court of trial, that is, the High Court of Justice of Plateau State for the following orders:

"(i) An order granting leave to set aside the service of Amended Writ of Summons dated 16/10/90, Statement of Claim dated 29/10/90 and Motion on Notice dated 5/11/90 as same were personally served on the 1st defendant on Saturday 17/11/90, being a public Holiday.

(ii) An order granting leave to strike out the suit for lack of jurisdiction.

(iii) An order granting leave to dismiss the suit for being statute barred.

(iv) And for such ot…