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PRINCE HALADU YUSUF & ORS V. ALH. AHMED AL-MAKURA & ORS

(2013) JELR 42186 (CA)

Court of Appeal  •  CA/J/283/2009  •  17 Jun 2013  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; SAMUEL C. OSEJI JCA; MOHAMMED A. DANJUMA JCA;

Appearances
O. C. Ucheaguwa, Esq., For Appellant A. I. Nwokolo, Esq., holding the brief of A. Adigun, (Esq.)I. I. Edoh (DCL) Nasarawa State Ministry of Justice, Lafia appearing with I. N. Ugwu, Esq., For Respondent

Judgement

MOHAMMED A. DANJUMA J.C.A.: (Delivering the Leading Judgment): This is an appeal against the Judgment of the Nasarawa State High Court of Justice, sitting at Lafia Division in suit No. NSD/LF41/2000 delivered on the 31st March, 2009 wherein the Learned Judge dismissed the Appellants claims for want of proof and in the following words:

"On the whole, therefore, the Plaintiffs have failed to prove their claim as contained in paragraph 28(a), (b), (c) and (d) of their claim. It is therefore dismissed."

In 1994, the Chieftaincy stool of Kwandere was vacant following the death of the Chief, Ribidi Osaba on the 18th of June, 1995. The 1st Respondent who was 1st Defendant at the trial court was elected or selected by the Traditional Selectors or King Makers of the 5 Ruling Houses as the Sarkin Kwandere Subsequently; the 1st Defendant/1st Respondent was turbaned as the Sarkin Kwandere and collected a Bufafalo Tail from Mankongiji, who was the custodian thereof in accordance with their custom.…

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