Mangut Mashingil & Ors V. Chief Jethro M. Akun & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling of the High Court of Justice plateau State sitting at Jos delivered on 21st day of July 2010.

It is apposite to state in brief the facts relevant to the determination of the issues raised for determination in this appeal. The Appellants as plaintiffs at the lower court sought for declaration and injunctive reliefs against the Respondents as Defendants as follows:-

“A. A DECLARATION that it is against the custom and tradition of Naf Ma’Alan ruling house of Mandung Village to conduct another election or selection process for a new Galadiman Daffo and Head, Mandung during the lifetime of the occupant of the office.

B. A DECLARATION that Sunday Akun remains the substantive Galadiman Daffo and Head Mandung Village having been so selected by consensus and in keeping with traditional due process since 6th January, 1999.

C. A DECLARATION that the plans, preparations, invitation and arrangements to conduct another election or selection process for a Galadiman Daffo and Head, Mandung on Saturday, 16th January, 2010 or any other date for that matter as conveyed vide a letter dated 1st January, 2010 inter alia is null and void and of no effect whatsoever being a gross transgression of the tradition and custom of Naf Ma’Alan ruling house of Mandung Village.

D. AN INJUNCTION RESTRAINING the Defendants, their agents or privies or any one acting on their behalf or instructions from conducting election or selection process and/or effecting the appointment of a new Galadiman Daffo and Head of Mandung during the life time of the occupant of the said office, namely, Sunday Akun.

E. Cost of this action”

The action was filed on the 14th day of January, 2010.

On the same date the Appellants filed a motion on Notice for Interlocutory injunction against the Respondents in the following terms:

“MOTION ON NOTICE

BROUGH PURSUANTS TO ORDER 33 RULE 1 OF THE HIGH COURT OF PLATEAU STATE (CIVIL PROCEDURE) RULES 1988 (AS AMENDED).

TAKE NOTICE that this Honourable Court will be moved on the 10th day of February, 2010 at the hour of 9:00 O’clock in the forenoon or so soon thereafter as the Appellants/Applicants or Counsel on their behalf may heard (sic) praying this Honourable Court for the following Orders:

1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th Defendants/Respondents their agents, servants or privies or any one acting on their behalf or instruction from convening and/or conducting election or selection of a new Galadiman Daffo and Ward Head of Mandung either on Saturday, 16th day of January, 2010 or any other date for that matter pending the final determination of the substantive suit.

AND FOR SUCH FURTHER order or orders that this Honourable Court may deem fit to make in this circumstances.”