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CHIEF IYHEJEE ELUGBE V. CHIEF EMIMIGBE OMOKHAFE & ORS.

(2004) JELR 44002 (SC)

Supreme Court  •  SC.285/2001  •  10 Dec 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiffs had brought their suit at the Afuze High Court of Edo State as the representatives "of Otuo Ekheheghaki Age-group and members of Otuo clan community except the 4th defendant and his supporters" claiming against the four respondents (herein-after referred to as the defendants) the following reliefs:

1. A declaration that on the death of an Ovie (Ororoso) of Otuo before the expiration of his ten years tenure, no vacancy is created but his immediate deputy who is the second Enriyheha, traditional chiefs automatically ascends the throne for the unexpired term of the late Ovie (Ororoso) in accordance with Otuo customary law regulating succession to the traditional ruler of the Ovie (Ororoso) of Otuo.

2. A declaration that on the 19th December, 1994, Otuo Igbogbe Chieftaincy Festival appointments of the then incoming Otuo traditional ruler chiefs, the 1st plaintiff was appointed as the second Enriyheha traditional chief …

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