SUNDAY EGUAMWENSE V. JAMES I. AMAGHIZEMWEN

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal questions the exercise by the High Court of original jurisdiction to hear a declaratory action in respect of a matter with which an inferior tribunal has been vested with jurisdiction.

The facts of the case

The facts of this appeal are not in dispute. The litigation stems from the dispute as to whether respondent or appellant is the proper person to be vested with the title of the Amaghizemwen of Benin. The Amaghizemwen of Benin is a traditional hereditary title in Benin City. The title was created about 1735 A.D. by Oba Oresoyen of Benin. The first Amaghizemwen is said to have been Emodua. The last Amaghizemwen as claimed by the appellant was Ediae who died in 1935.

The case of the respondent is that Ogbeide was the last Amaghizeniwen of Benin. He claims that neither Ediae, nor Eguarnwense, the grandfather and father respectively of the appellant held the title of Amaghizemwen of Benin. Respondent therefore claims that …