EMMANUEL ATUNGWU & ANOR V. ADA OCHEKWU
(2013) JELR 35737 (SC)
Supreme Court
•
SC.248/2004
•
12 Jul 2013
•
Nigeria
Coram
IBRAHIM TANKO MUHAMMAD JSC
JOHN AFOLABI FABIYI JSC
SULEIMAN GALADIMA JSC
MUSA DATTIJO MUHAMMAD JSC
STANLEY SHENKO ALAGOA JSC
Appearances
Ademola Bakre Esq. with Abdulwahab Muhammad Esq. S. F. Soyemi (Miss) For the Appellant;
P. A. Omengala Esq. with S. O. Ada Esq. For the Respondent.
Judgement
<p><strong>SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment):</strong> This is an Appeal brought by the Appellants from the Judgment of the Court of Appeal (herein referred to as the court below) Jos Division in Appeal No. CA/J/2/2/2001 delivered on 29/6/2004, wherein that Court dismissed the Appeal and affirmed the Judgment of the trial Court.</p><p> Dissatisfied with the Judgment of the Court below, the Appellants have appealed to this Court upon the Notice of appeal containing 8 Grounds of Appeal. From the 8 grounds of Appeal 5 issues, which the Respondent adopted for determination were formulated. I shall come to the issues anon. However, the facts of this case which has a chequered History and intriguing circumstances must be first exposed. It is that sometimes about 29th day of April 1995, the Respondent herein was appointed the substantive Clan Head of Edikwu Community, following the death of the previous holder and the expiration of the Regency or period allowed by the Custom and Tradition of …</p>