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CHIEF AYO OMO BARE V. CHIEF OLORUNFEMI MARK OKUN & ORS

(2012) JELR 42898 (CA)

Court of Appeal  •  CA/B/163/2010  •  11 Dec 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TUNDE OYEBANJI AWOTOYE JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
Chief T. O. Osisi Esq. For Appellant L. O. Egboyi Esq. For Respondent

Judgement

HELEN MORONKEJI OGUNWUMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice G. O. Imadegbelo of the Edo State High Court refusing an application of the Appellant to transfer the substantive suit from the Abudu Judicial Division to the Sabongida Ora Judicial Division. The facts that led to this appeal are as follows:

The 1st Respondent as the Plaintiff had filed a claim for declaratory and injunctive reliefs at the High Court. The claims are set out below:

The Plaintiff claims against the Defendants jointly severally as follows:

1. A Declaration that the 2nd Defendant has no power whatsoever to appoint and/or recognize the 1st Defendant as the Traditional Ruler of luleha Clan, Owan West Local Government Area, Edo State and his purported appointment and/or recognition as such is irregular, ultra vires, unconstitutional, null and void and of no effect whatsoever.

2. A Declaration that the Plaintiff has been duly appointed the traditional Ruler…

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