Yakubu Wondo & Ors V. Mal. Ibrahim Bello & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment)

This Appeal is against the Judgment of the Gombe State High Court delivered on the 07-06-05 in suit number GM/50/2002, in which the Appellants, (as Plaintiffs), sued the Respondents (as Defendants). The suit was commenced by way of a Writ of Summons dated 17-04-02 upon the grant of an ex parte motion dated 25-03-02 seeking leave to initiate the action in a representative capacity.

The Appellants and 1st Respondent are indigenes of Dong, a Chiefdom elevated to the status of a District in Waja Chieftaincy/Traditional Council of Balanga LGA of Gombe State. The 2nd Respondent is the Chief (Sarki) of Waja, while the 3rd Respondent is Waja Traditional Council. The Appellants sought the following reliefs against the Respondents:

a. A declaration that the Plaintiffs representing Turum Clan of Dong which is one of the Clans constituting Dong Village (Now Dong District) in Waja Chieftaincy/Traditional Council of balanga L.G.A. in Gombe State are qualified for selection into the stool of Dong Chiefdom or District and should be included in the process of selection of the Chiefs

1

and District Head of Dong as the case may be from time to time.

b. An order of perpetual injunction restraining the Defendants either by themselves, their agents, assigns from selecting Chiefs for Dong Chiefdom or future District Head to the exclusion of the Plaintiffs.

c. The cost of this suit and incidental expenses.

At the close of trial and after due deliberation, the trial Court dismissed the suit of the Appellants and found in favour of the Respondents. Dissatisfied with the decision, the Appellants appealed to this Court.

A prcis of the facts of the case is as follows: The Appellants, who were the Plaintiffs before the trial Court, were aggrieved by the fact that the clan to which they belong known as ?Turum Clan?, which they allege is a part of the Royal Clans in Dong Village under the Waja Chiefdom, was denied the opportunity of participating in the contest for the stool of the Village Head of Dong, also referred to as ?Bala?, when it became vacant sometimes in 1989. With the leave of the Lower Court duly sought and obtained to sue in a representative capacity, they filed an action seeking the three

2

reliefs, already set out above, on 17-04-02. At the close of the trial, the trial Court found for the Respondents and dismissed the Appellants? claim. The Appellants, being dissatisfied, appealed to this Court seeking the reliefs as set out in their Notice and Grounds of Appeal.

On 04-02-16, when the Appeal was called up for hearing, both parties and their Counsel were not in Court, even though they had been duly served hearing notices to attend Court on that date. Since however, the Appellants? Brief of argument (dated and filed on 09-06-15 but deemed filed on 30-06-15), the Respondents? Brief of argument (dated and filed on 29-07-15), and the Appellants? Reply Brief of argument (dated 05-10-15, filed on 07-10-15 but deemed filed on 08-10-15), respectively were properly before the Court, they were deemed duly argued in line with Order 18 Rule 9(4) of the Court of Appeal Rules, 2011.

?