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NTUFAM JAMES BASSEY ATAGBOR V. NTUFAM IGNATIUS OKON NDIFON OKPO & ORS.

(2013) JELR 35963 (CA)

Court of Appeal  •  CA/C/96/2010  •  23 Jan 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Appearances
C.A.C. Ogbogu For Appellant M. E. Ukweni - For the 1st RespondentChief P. A. AkpokeE. A. Otu (Mrs.)A. K. AringR. E Alao (Mrs.)E. O. AbbaA. U. Bassey - For 2nd รขย€" 5th Respondents (Director Ministry of Justice Akamkpa) For Respondent

Judgement
<p>UZO I. NDUKWE-ANYANWU, J.C.A.: This is an appeal against the judgment of the High Court of Cross River State sitting in Akamkpa delivered on 31st March, 2010.</p><p> The appellant and the 1st Respondent are both from Nsan village in Akamkpa Local Government Area and were in a tussle for the position of village head of Nsan. The 1st Respondent was selected as village head. A letter to that effect was written and sent to the Akamkpa Traditional Rulers Council on 27th March, 2006 Exhibit F. The Akamkpa Traditional Council recognized the 1st Respondent vide the minutes of the meeting of page 22-27 of the Record of Appeal.</p><p> Being dissatisfied with the selection and recognition of the 1st Respondent, the Appellant as plaintiff filed a suit in the High Court of Akamkpa challenging it. The Appellant in his suit claimed as follows:</p><p> (a) A declaration that the plaintiff is the rightful person to be recognized installed and issued with the certificate of recognition as tโ€ฆ</p>

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