Manomi & Anor V. Dakat & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C. 

By an application, filed on December 16th, 2019, the applicants sought a mandatory order of this Court against the respondents. It was brought pursuant to Section 287 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011); Section 17 of the Supreme Court Act, Cap. S15 Laws of the Federation, 2004; Order 3, Rule 6 of the Supreme Court Rules 1999; Section 97 of the Sheriffs and Civil Processes Act, Laws of the Federation, 2004 and under the inherent jurisdiction of this Court.

In particular, they prayed for:

1. A MANDATORY ORDER of this Court compelling the 3rd and 4th Judgment debtors to install the 1st judgment creditor/applicant as Sum Pyem of the Pyem Chiefdom in Gindiri, Mangu Local Government Area of Plateau State within 14 (Fourteen) days of the determination of this motion on notice.
2. AND FOR SUCH FURTHER ORDER(S) as this Court may deem fit to make in the circumstance.

The grounds upon which this application was predicated were expressed as follows:

1. That by the judgment delivered by the Supreme Court in Appeal No. SC/883/2015, the selection of the 1st Judgment creditor/applicant was upheld.
2. The 3rd and 4th Judgment Debtors/Respondents have refused to install the 1st Judgment. Creditor/Applicant as Sum Pyem on the basis that Supreme Court judgment was academic.

The motion was supported by an affidavit, and a further affidavit. Facts, as contained in the affidavit of the applicant, from paragraphs 3.0 to 22.0, reveal:

3.0. That an election was conducted into the vacant stool of the Sum Pyem of the Pyem Chiefdom of Gindiri, Mangu Local Government Area of Plateau State on the 17th day of May, 2004.

4.0. That I was elected to the stool of the Sum Pyem by the traditional selectors following which the 1st and 2nd Judgment Debtors/Respondents herein who also contested for the same stool as plaintiffs took a Writ of Summons sometimes in 2004, seeking some declaratory reliefs against the applicants in Suit Number PLD/J285/04 at the High Court of Plateau State holden at Jos.

5.0. That I know as a fact that judgment was delivered in the suit on the 13th day of April, 2006 wherein the learned trial presiding Judge dismissed the claims of the 1st and 2nd Judgment Debtors/Respondents in its entirety save for one relief which was admitted by the 1st and 2nd Judgment Creditors who were then Defendants in the suit.

6.0 That aggrieved by the judgment of the High Court of Plateau State in Suit Number PLD/J285/04, the 1st and 2nd judgment Debtors/Respondents herein appealed to the Court of Appeal holden in Jos, Plateau State.

7.0 That I know as a fact that the Court of Appeal, Jos Division delivered its judgment in Appeal Number CA/J/240/06 on the 26th day of January, 2012, wherein the appeal was successful in part.

8.0 That the Honourable Court of Appeal did not grant the applicants leave to appeal until the time limited elapsed.

9.0 That the appellants/applicants, along with other applicants applied to the Supreme Court for grant of leave to appeal to the Supreme Court.

10.0 That the Honourable Supreme Court granted the applicants leave to appeal on the 19th day of September, 2012. The order of the Court is annexed as Exhibit 1.

11.0 That the 3rd and 4th Judgment Debtors/respondents during the pendency of the appeal at the Supreme Court conducted an election for the stool of the Sum Pyem of the Pyem Chiefdom of Gindiri in Mangu Local Government Council of Plateau State on the 26th day of November, 2013 and Charles Mato Dakat was elected Sum Pyem.