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CHIEF J. O. EHIKHAMWEN & ORS. v. PRINCE ILUOBE (THE ONOJIE OF UZEA) & ORS.

(2001) JELR 44247 (CA)

Court of Appeal  •  CA/B/72/98  •  7 May 2001  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SAKA ADEYEMI IBIYEYE JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal from the ruling of Agun, J. of the Uromi Judicial Division of the Edo State High Court of Justice in suit No. HCU/5/96 delivered on the 30th day of October, 1997.

The appellants, as plaintiffs, filed a writ of summons dated 9th of February, 1996 seeking the following reliefs jointly and severally against the respondents, as defendants:

1. A declaration that the revocation of the Bendel State Legal Notice No.55 of 1979 being a customary law regulating succession to the traditional rule title of the clan head of Uzea by Edo State Legal Notice of 1995 without any hearing from the plaintiffs is contrary to the fundamental human rights provisions of the 1979 Constitution and provisions of the Traditional Rulers and Chief Edict of 1979.

2. An order setting aside the appointment of Prince Itoya Iluobe as the Onojie of Uzea in the Esan North East Local Government Area with effect from 21st September, 1995 conta…

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