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MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the 1st defendant in an action instituted by the 1st respondent in the High Court of Delta State sitting at Ogwashi-Uku. In the said suit, the 1st respondent claimed in paragraph 29 of the statement of claim as follows:
a. A declaration that any registration/purported listing of the 1st defendants name in the register of Recognised Chiefs of Delta State Government and/or Official Gazette of Delta Government is null, void and of no effect, there being a pending appeal at the Supreme Court on who is the legally installed Iyase of Ogwashi-Uku Kingdom which has not been determined in favour of any party.
b. A declaration that the entering of the 1st defendant name as the Iyase of Ogwashi-Uku Kingdom in the register of Recognised Chiefs in Delta State and/or Official Gazette of Delta State by the 3rd Defendant is preemptive, null, void and of no effect the appeal filed by the 1st defendant challenging t…