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CHIEF INNOCENT ARUMEZE v. MICHAEL AGBOWO EDE & ORS

(2017) JELR 37803 (CA)

Court of Appeal  •  CA/E/371/2014  •  27 Jan 2017  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the ruling of A. N. Anidi, J., of the Enugu State High Court of Justice, holden at Agbani and delivered on 16th April, 2013. The main action is with respect to the rightful person to be elected to the office of the traditional ruler (Igwe) of the Owo Autonomous Community, in Enugu State. The appellant herein alleged that he has an interest in the said Igweship of Owo Autonomous Community, but he was not named as a party in the action. So, he filed a motion on notice dated 14th November, 2012 at the Court below, praying to be joined as a co-defendant, in the said action. The application was contested and in his ruling thereon, the learned trial judge dismissed the application and refused to join the appellant as a party to the pending action at the instance of the 1st respondent who himself is a contender to the same Igweship of Owo Autonomous Community. Hence this appeal is sequel to the …

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