OBADINA, JCA (Delivering the Lead Judgment): This is an appeal A against the ruling of the High Court of Benue State, sitting at Otukpo, delivered on the 21st of September, 2001. The respondent was the plaintiff, while the appellant was the defendant at the lower court.
Both the appellant and the respondent belong to Auke Clan of Ochekwu District in Apa Local Government Area of Benue State. Both of them contested for a minor chieftaincy title, called, “Amana-Abo” of Auke clan, in Apa Local Government Area of Benue State. The respondent then dragged the appellant before the Apa Traditional Council of the Apa Local Government, in January, 1999 to decide which of them was entitled to the stool of the “Amana-Abo” of Auke Clan. The parties gave evidence and called their respective witnesses before the traditional council. After two parties and their witnesses gave evidence the Apa Traditional Council decided the dispute in favour of the appellant - See exhibit “A” at pages 21-40 of the …