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JAMES ACHILAKA V. OLIVER A. ATONKO

(2011) JELR 33892 (CA)

Court of Appeal  •  CA/J/109/2005  •  14 Jun 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court, Vandeikya Division delivered on 12th March, 2004 in suit No: VHC/5/2003. The Respondent herein was the plaintiff of the Lower Court. In a statement of claim dated 13/2/2003, he sought for a series of declaratory and injunctive reliefs, They are:-

1. A declaration that by the Tiv Native Law and Custom of Eat and Give to Your Brother (Ya na Anigbian), the plaintiff ought to have been returned as the kindred Head of Mbaikyoluv Kindred having come from Mbanyel sub-kindred of Mbatseva Ruling House or Lineage who have never enjoyed the Chieftaincy at any time.

2. A declaration that, the 1st Defendant, having come from Mbanom who have had fair share of the Chieftaincy Institution was not qualified even to contest or be presented as a candidate at the selection of the Kindred Head of Mbaikyoluv Kindred

3. A declaration that the selection panel that cond…

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