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CHIEF MONDAY E. EKANEM V. CHIEF EMMANUEL LAZARUS UMANAH, IKOT ABIA TRADITIONAL RULERS COUNCIL, TRADITIONAL RULERS COUNCIL OBOT AKARA, COMMISSIONER FOR LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS & GOVERNOR OF AKWA IBOM STATE

(2005) JELR 53699 (CA)

Court of Appeal  •  CA/C/100/2003  •  8 Dec 2005  •  Nigeria

Coram
C.M. CHUKWUMA-ENEH JCA ISTIFANUS THOMAS JCA JEAN OMOKRI JCA

Appearances
E. Usah Esq. for the Appellant; O. Uyire Esq. for the 1st - 3rd Respondents; A. Emmanson Esq., Asst. Director Civil Litigation, Ministry of Justice, Akwa Ibom State for the 4th and 5th Respondents.

Judgement

CHUKWUMA-ENEH JCA (Delivering the Lead Judgment): This appeal is against the ruling of the High Court of Akwa Ibom State sitting at Uyo, delivered on 17/7/2003 (coram: Usen J.) dismissing the plaintiff’s (appellant) interlocutory application filed on 30/7/2003 which has prayed the court as follows:-

“Directing the 1st defendant/respondent to deposit with the senior registrar of this court the certificate of recognition as the clan head of Ikot Abia clan, Obot Akara Local Government Area, issued to him by the 4th and 5th defendants/respondents on Tuesday, the 14th day of August, 2001 during the pendency of this suit or directing the 4th and5th defendants/respondents to withdraw the said certificate.”

Aggrieved by the ruling, the plaintiff(appellant) has sought by a notice of motion filed on 30/7/2003 before the court below for leave, to appeal against the ruling.

The leave to appeal against the ruling was granted on 12/8/2003 and the appellant’s notice of appeal filed on 30/7/2003 was…

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