Alh. Maroof Adekunle Magbagbeola & Ors V. Alh. Prince Moroof Oladimeji Akintola & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The issues for deliberation in this appeal as set out by the learned counsel for the appellants are as follows:

“1) Whether the Court of Appeal, Akure Division rightly interpret (sic: interpreted) the provisions of Section 20(1) and (2) of the Chiefs Law Cap 25 of Osun State 2003 to mean that “whether the representation is made by an unsuccessful candidate or his ruling house the representation is limited to allegation that the proper order of rotation has not been observed. Ground 1 of the Notice of Appeal.

2) Whether the Court of Appeal is right in holding that the non-compliance with the provisions of Section 20(1) and (2) by the respondent before coming to Court did not rob the Court of the jurisdiction to entertain the matter. (Ground 1).

3) Whether the Justice (sic: Justices) of the Court of Appeal are right in law to save a patently defective grounds of Appeal which complained both error of law and misdirection of facts. Ground 2 Of the Notice of Appeal.

Of the three (3) respondents, it is only the 1st respondent

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who filed an amended brief on the 5th of October, 2017 (deemed on 17th October, 2017) in which he set out two issues for determination, thus:

1) “Whether the interpretation placed by the Court of Appeal on the provisions of Section 20 of the Chiefs Law of Osun State is sufficient to invalidate the judgment of the Court, particular regard being had to its decision that the provisions of the said Section were inapplicable to the 1st respondent’s case as pleaded in the Statement of Claim Ground 1 of the Notice of Appeal.

2) Whether the Court of Appeal was not correct when it decided to entertain Ground 2 of the Appellant’s Notice of Appeal which complained of error of law and misdirection at the same time and whether by the said decision any miscarriage of justice was occasioned to the appellants herein Ground 2 of the Notice of Appeal.”

The background facts supporting this case as contained in the printed record of appeal placed before this Court are that by an indorsed writ of summons, the 1st respondent herein, as plaintiff/claimant at the Osun State High Court of Justice, holden at Osogbo, (trial Court) made some declaratory and

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other claims against the appellants (herein) as defendants at the trial Court. The claims as per paragraph 24 of the Statement of Claim read as follows:

“24. WHEREOF the claimants claim against the defendants is as follows: