ASHEKOYA V. OLAWUNMI

• Pages: 88-91

88

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

opportunity of making his allegations of fact in support of his claim. In the pres-

ent case the defendant moved under that rule, but the claim was dismissed with-

out the plaintiff being given that opportunity, so the order of dismissal of the suit

was a mistake.

Dyson v. Attorney-General (supra),

which was cited before us, is a mine of in-

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formation and guidance. Here it is enough to note that a statement of claim had

been delivered before the summons was taken out under 0. 25, r. 4, of the Eng-

lish Supreme Court Rules, to strike out the statement of claim as disclosing no rea-

sonable cause of action. Our Order seems to correspond to that Order 25, and

the White Book can be consulted for guidance in various respects.

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It remains to say that this judgment does not express any opinion on the claim

of the plaintiff, or on any other respect of the case: it is strictly confined to con-

sideration of the meaning of Order XXVIII, under which the Court below was moved

to dismiss the spit.

The order of dismissal made on the 24th October, 1960, is set aside with costs

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of appeal to the plaintiff assessed at twenty- five guineas, the costs in the Court

below being left to be decided there as may be just hereafter.

Ademola, C.J.F.:

I concur.

Unsworth, F.J.:

I concur.

Appeal allowed: Order of

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Dismissal set aside.

ASHEKOYA V. OLAWUNMI

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25

ODUMUYIWA ASHEKOYA

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APPELLANT

V

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30

GANIYU JAIYEOLA OLAWUNMI

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RESPONDENT

SUIT NO. FSC 42

1

/

1

961

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

UNSWORTH

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F.J.

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BAIRAMIAN,

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F.J.

5th March, 1962.

Administrative Law - Chieftaincy - Installation before approval of successor by

Governor-in-Council-Person installed - offence contra Western Nigeria. Chiefs

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Law, 1957, W.N. No.20 of 1957 - offence committed by person installed

whether installation ceremony valid or invalid.

ISSUE:

1. Whether it is an offence under s.17(1) of the Chiefs Law 1957 (Western Region)

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to allow oneself to go through a purported ceremony of installation as a chief,

without the prior approval of the Governor-in-Council.

FACTS:

The appellart prosecuted the respondent in the Magistrates' Court for an of-

fence against section 17(1) of the Chief's Law 1957 (Western Region) alleging that

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he, the Respondent, permitted himself to be installed as a chief before the Gov-

ernor-in-Council had approved a successor to the chieftancy. The evidence ad-

duced showed inter alia that the installation of the respondent was not properly

carried out and was invalid under Native Law and Custom.