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CHIEF GABRIEL EBAK & ORS V. CHIEF (OJUKWA) OKEY EBEY & ORS

(2013) JELR 35461 (CA)

Court of Appeal  •  CA/C/76/2011  •  4 Dec 2013  •  Nigeria

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

Appearances
K.U. Ejukwa, Esq., For Appellant O.N. Agbor, Esq., for the 1st - 4th Respondents. For Respondent

Judgement

ONYEKACHI A. OTISI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, delivered on 15th November, 2010 in Suit No HU/Misc. 3/2010.

The Appellants and the 1st - 4th Respondents had been engaged in a feud over the Regency of Ohorodo of Okum Chieftaincy Stool. The Appellants alleged that the 1st - 4th Respondents had seized some emblems meant to be in the custody of the 3rd Appellant. In an attempt to gain hold of the other emblems, the Appellants alleged the 1st - 4th Respondents broke into the home of the 3rd Appellant, held him hostage until they successfully robbed him of the remaining emblems and some of his personal effects. The 3rd Appellant reported to the police at the Divisional Police Headquarters, Obubra. While the police were investigating the incident, the Chairman of Obubra Local Government caused the State Police Headquarters Calabar to take over the case, leading to the arrest of the 1st - 5th Appellan…

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