Philip Chindo & Ors V. Likita Dangana & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Likita Dangana, Gambo Kaluru and Isa Kaluru sued “for themselves and on behalf of the Anono Ruling House Philip Chindo and Tate Gyara “for themselves and on behalf of the members of the Soba Ruling House before the High Court of Justice of Plateau State, holden at Jos on 14th November, 2000. The joint statement of claim was subsequently amended. Paragraphs 1-31 of the Amended Statement of Claim pleaded the genesis of the dispute.

The contention by the appellants and the respondents revolved around who should occupy the position of the Village Head or Dakacin of Gusum Chiefdom of Bassa Local Government Area of Plateau State. The contention by the respondents is that there are only two ruling houses in the District, namely, Anono and Soba that are entitled to vie or occupy that position on a rotational basis. That as the last Village Head of Gusum hailed from Soba ruling house, it became the turn of Anono ruling house to produce or present the next Village Head of Gusum.

The parties adduced oral and documentary evidence. The learned trial Judge considered

the evidence and written addresses before holding at page 305 lines 1-16 of the printed record as follows:

“The sum total of all the foregoing is that the plaintiffs’ claims succeed against the defendants while the Counter Claim of the 1st and 2nd defendants against the plaintiffs fails, and I accordingly hold so. Consequently, I hereby enter judgment against all the defendants jointly and severally per Paragraph 35 of the Amended Statement of Claim; i.e. I hereby DECLARE that:

1. There are two Ruling Houses to wit: the Anono Ruling House and the Soba Ruling House both of which are entitled to the throne of the Village Head of Gusum Pada in Jere District of Pengana Chiefdom in Bassa Local Government Area of Plateau State of Nigeria.
2. The last incumbent Village Head of Gusum having hailed from the Soba Ruling House, it is now the turn of the Anono Ruling House to produce or present the next Village Head of Gusum.

It is further adjudged that the cost of this action (to be assessed) be awarded to the plaintiffs against the defendants jointly and severally.

As to the Counter Claim of the defendants, it is hereby

dismissed.

Four grounds accompany the Notice of Appeal filed by Philip Chindo and Tate Gyara for themselves and on behalf of Soba Ruling House. On 14th October, 2015 the applicants brought an application in this Court praying for the following reliefs:

1. AN ORDER of this Honourable Court granting leave to the appellants/applicants to prosecute this appeal as persons without means.

AND for such further order(s) as this Honourable Court may deem fit to make in the circumstance of this case.

The grounds for bringing the application are set out in the motion as follows:

1. The appellants/applicants filed their notice of appeal in this case on the 12th day of July, 2012.
2. The appellants/applicants brief one M.M. Dalhatu, Esq. of blessed memory who happened to be their friend to prosecute the appeal for them.
3. That as soon as the case was concluded at the trial Court, his salaries as the Village Head of Gusum Fada people, Jere District, Bassa Local Government of Plateau State was stopped by the Ministry of Local Government and Chieftaincy Affairs his employers therefore lack the

financial muscles to prosecute the appeal.

4. That sometime after M.M. Dalhatu, Esq. filed the Notice of Appeal, he felt ill and died thereafter in July, 2014 and could not filed his appellants brief of argument in time.
5. That sometime in 2014 one of his Nephew A.B. Magaji, Esq. who happened to take over the law firm of M.M. Dalhatu, Esq. assisted to prosecute the appeal for the applicants probono but discovered they are out of time in filing their brief of argument and could not afford the penalty fees required by the Rules of this Court.

The reason given in Paragraph 3 as a ground for this motion is that ??his employers therefore lack the financial muscles to prosecute the appeal. As shown in Paragraph 3 the Village Head of Gusum Fada people in Jere District is an employee of Bassa Local Government of Plateau State who is not a party to the appeal proceedings in this Court. Neither is the Ministry of Local Government and Chieftaincy Affairs that stopped the Salary of the appellants/applicants? a named party in the proceedings before this Court. Indeed, which of the appellants/