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MELFORD AGALA & ORS. V. CHIEF BENJAMIN OKUSIN & ORS

(2010) JELR 47538 (SC)

Supreme Court  •  SC.25/2003  •  23 Apr 2010  •  Nigeria

Coram
NIKI TOBI JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; JOHN AFOLABI FABIYI JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

A.M. MUKHTAR, JSC: (Delivering the Leading Judgment): The plaintiffs (who are now the respondents in this appeal) in the High Court of Rivers State holden at Degema claimed the following reliefs as per their amended Statement of Claim against the defendants who are now the appellants in this appeal:-

"(3) A declaration that the 1st Defendant Chief Olunta Alibo whose Chieftaincy emanates from Okoro compound is not a Chief of Okusin compound and therefore cannot be paramount Head of the said Okusin Compound under Kalabari Native law and custom neither can the Plaintiffs come under the jurisdiction of his Chiefdom.

(4) An injunction restraining the 1st Defendant from parading himself as Head of the said Okusin Compound to which the Plaintiffs and 1st set of Defendants belong.

(5) An injunction restraining all the Defendants from accepting recognizing or dealing with the said 1st Defendant as Head of Okusin Polo to which the Plaintiffs and 1st set of Defendants belong.

(6) An injunctio…

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