LEGAL PRINCIPLE: CHIEFTAINCY LAW — Selection of Traditional Rulers — Quorum of Kingmakers
PRINCIPLE STATEMENT
Where exhibits clearly show that three kingmakers constitute a quorum, a contention that the appellants did not admit this fact is preposterous. The two lower courts were justified in holding that there was an admission to that effect.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ndayako & Ors v. Dantoro & Ors (2004) NLC-1862002(SC) at pp. 13–14; Paras A–B.
"In the face of exhibits NB/2 and NB/25/6, the contention that the appellants did not in their pleadings admit that three kingmakers constitute a quorum is preposterous and puerile. Clearly exhibits NB/2 and NB/25/6 belie their denial in that regard. I am of the view that the two lower courts were justified in holding, as they did, that there was an admission to that effect."
EXPLANATION / SCOPE
Admissions in exhibits can establish the quorum for kingmakers. The principle applies to chieftaincy law. The court will rely on documentary evidence. The rule prevents parties from contradicting clear admissions. The principle is well-established.