GABRIEL EMAIKWU ADAH V. JOHN OKOH ADAH

UWAIFO, J.S.C. (Delivering the Leading Judgment): This case is fraught with surprising twists and turns which ought never to have occurred to bring it to the undeserved end it has come to. The appellant (as applicant) sought an injunctive relief in the High Court, Otukpo, Benue State in this form:

"An order of injunction restraining the respondent from acting or interfering in anyway however with the performance of the applicant's duties/functions or responsibilities as the clan head of Ekenobi clan in Okpokwu Local Government Council or in anyway parading or holding himself out as the clan head of Ekenobi clan."

This was by motion supported by affidavit and necessary documents. His claim is that as the head of Ai Ekenobi, one of the five clans that make up Ekenobi, he was selected the clan head of Ekenobi; the other clans being Ai Adoli, Ai Oko, Aiojogo and Ai Okete. On 25 September, 1989, the respondent, the clan head of Ai Adoli, contested the said clan head-ship with him and los…