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ICHIE JEROME ANOGHALU & ORS. V. NATHAN ORAELOSI & ANOR.

(1999) JELR 43771 (SC)

Supreme Court  •  SC.187/1993  •  8 Oct 1999  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; OKAY ACHIKE JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Appearances
C.O. Anah For Appellant Joy C. Anyamene - Ezugo (Mrs)2nd Respondent absent and unrepresented For Respondent

Judgement

M. E. OGUNDARE, J.S.C (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal (Enugu Division) which dismissed the appeal to it from the Ruling of the High Court of Anambra State (Nnewi Judicial Division). At the said High Court the Plaintiffs who are now Appellants before us had sued (for themselves and on behalf of Ubahuabu Ubahu village minus Umunnabala family) Nathan Oraelosi (for himself and on behalf of the members of Umunnabala family of Ubahu) and the Sole Administrator Ihiala Local Government, as defendants, claiming

"1. A declaration that it is not the exclusive prerogative of Umunnabala family in Ubahu Okija to select and present a candidate for recognition as the traditional ruler of Okija on the demise of a reigning Igwe or traditional ruler of the town.

2. A declaration that the purported 'Okija Chieftaincy Constitution and Code of Conduct' was not prepared and approved by the Okija Community including the plaintiffs and is ultra vi…

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