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NZE H.C. ALILONU & ANOR v. EZE CYRIL CHUKWUEMEKA NJOKU

(2017) JELR 37946 (CA)

Court of Appeal  •  CA/OW/334/2013  •  3 Jul 2017  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 15/4/2013 by the appellants against the judgment of Imo State High Court sitting at Owerri delivered on 16/1/2013.

By paragraph 13 of their statement of claim the plaintiff claimed as follows:-

Wherefore the plaintiffs claim against Defendant as follows:

(a) A declaration that no Autonomous Community is known as and called Umuakaliukwu Emekuku Autonomous Community in Imo State.

(b) A declaration that Emekuku Autonomous Community is not part of Umuakaliukwu Autonomous Community.

(c) A declaration that the Defendant is not the Eze of Umuakaliukwu Emekuku Autonomous Community.

(d) An order restraining the Defendant and his agents from representing the Defendant as Eze of Umualaliukwu Autonomous Community.

Parties filed and exchanged pleadings. The learned trial Judge after hearing parties gave judgment as follows:-

By virtue of the contents of Exhibits G and L, the Claimants Au…

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