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CHIEF J. A. AGBANA V. RTD. MAJOR S. K. OWA & ORS.

(2004) JELR 44988 (SC)

Supreme Court  •  SC.83/2000  •  21 May 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): This is yet another chieftaincy dispute. It is between the appellant on the one hand, and the respondents on the other. This appeal is between the appellant and the 1st respondent. It would appear that the 2nd and 3rd respondents are nominal parties.

The appellant as plaintiff filed an action in the High Court of Kogi State, holden at Egbe asking for declarative and injunctive reliefs. He asked for a declaration that the purported appointment and or approval of the appointment of the 1st defendant as the Elegbe of Egbe by the 2nd and 3rd defendants is null and void and of no effect whatsoever, He also asked for a perpetual injunction prohibiting the 1st defendant from acting as or parading himself as the Elegbe of Egbe and the 2nd and 3rd defendants treating the 1st defendant as the Elegbe of Egbe and or paying him the prerequisites of the said office.

The appellant gave evidence at the trial. He did not call any witness. The respondent…

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