Alhaji Adebayo Akande V. Jimoh Adisa & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The appellant, herein, as plaintiff at the High Court of Kwara State (trial court), holden at Ilorin, took out a writ of summon, claiming some declaratory reliefs against the respondents herein, as defendants. The plaintiff’s statement of claim contains the reliefs sought as follows:

“12. Wherefore the plaintiff prays for:

i. a declaration that he is the Alagar of Agar

ii. a declaration that the 1st defendant is not the Alagar of Agar in that he is not appointable since he is not a member of Abdul Salami family of Agar and (ii) his appointer has no power to appoint an Alagar and;

iii. a perpetual injunction prohibiting the 1st defendant from parading himself as the Alagar and the 2nd defendant from so treating him.”

In their respective statements of defence, both the 1st and 2nd respondents, as defendants, at the trial court, denied the claims of the appellant. Full trial including addresses by the parties were taken by the trial court. At the conclusion of hearing, the learned trial judge delivered his judgment on 11/7/2002 wherein he made a finding that the plaintiff had failed to establish a credible case to entitle him have the declarations sought. He accordingly dismissed the plaintiff’s action.

Dissatisfied, the plaintiff appealed to the Court of Appeal, Ilorin Division (the court below). After having reviewed the proceedings of the trial court, counsel’s submissions and the prevailing law, the court below dismissed the appeal.

Dissatisfied further the plaintiff/appellant appealed to this court on four grounds of appeal urging this court to allow his appeal.

Briefs were filed by the parties. On the hearing date, learned counsel for the appellant adopted his brief of argument and urged us to allow the appeal. Learned counsel for the 1st respondent adopted the brief filed on behalf of the 1st respondent. He urged this court to dismiss the appeal.

The issues formulated by the learned counsel for the appellant read as follows:

i. “Did it matter whether a court or a defendant understood the plaintiff’s case or not (Ground 1)

ii. Did the plaintiff plead any native law and custom or procedure for appointing an Alagar (Ground 2)

iii.Was it necessary for the plaintiff to produce any evidence of procedure for appointing an Alagar of Agar (Ground 3) and