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NZE EDWARD ALI v. ENGR CORNELIUS CHIKA UZOIGWE & ORS

(2016) JELR 36831 (CA)

Court of Appeal  •  CA/OW/249/2011  •  27 May 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice, Imo State in the Mbaitoli/Ikeduru Judicial Division, Holden at Iho in Suit No.HMI/2/2004, the 1st-4th Respondents (as Plaintiffs) claimed against the Appellant (then as 1st Defendant) and the 5th and 6th Respondents (as 2nd and 3rd Defendants) in both their Writ of Summons and Statement of Claim dated 8th January, 2004, 5th day of January, 2004, 10th day of March, 2004 and filed on the 8th January and 11th March, 2004 respectively, the following Reliefs:

1. Declaration that the purported recognition of the 1st Defendant by the 2nd Defendant as the Traditional Ruler of Obinnoha Autonomous Community, in Mbaitoli Local Government Area of Imo State was not in accordance with the agreed method of the people of Obinnoha Autonomous Community and is therefore illegal, null and void and of no effect whatsoever.

2. Order of Court setting aside the purported recognition of the 1st Defendant by the 2nd De…

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