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HERBERT OHUABUNWA EMEZI V. AKUJOBI DAVID OSUAGWU & ORS.

(2005) JELR 45227 (SC)

Supreme Court  •  SC.251/2000  •  25 Feb 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC SUNDAY AKINOLA AKINTAN JSC (Read the Lead Judgment)

Judgement

AKINTAN, J.S.C. (Delivering the Leading Judgment): The present appellant, as plaintiff, instituted this action at Owerri High Court as suit No. HOW/53/96 against the respondents, as defendants. The action was commenced by originating summons in which a number of declarations were sought from the court in respect of the Ezeship Constitution of Awaka Autonomous Community in Imo State. The details of his claim are as follows:-

"Let (1) The Military Administrator of Imo State Government House, Owerri, (2) The Attorney-General oflmo State of Ministry of Justice Headquarters, Owerri and (3) Akujobi David Osuagwu of Umuodu Awaka in the Owerri Judicial Division within eight days after service of this summons on him including the day of such service cause appearance to be entered for him to this summons which is issued upon the application of Herbert Ohuwuna Emezi a native of Awaka Autonomous Community Owerri and who is claiming a right to be recognised as the traditional ruler of the said co…

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