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CHIEF IBOK ESHIET v. ELDER PETER OKON EFFIONG & ORS

(2018) JELR 38428 (CA)

Court of Appeal  •  CA/C/160/2013  •  20 Jul 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Akwa Ibom State in Suit No. HU/317/2012 delivered on 21st day of January, 2013 by P. P. Idiong, J. The Appellant was the Claimant at the Court below while the Respondents were the Defendants.

The Appellant took out a writ of summons of the Court below against the Respondents on 24th day of May, 2012. The reliefs claimed by the Appellant as shown in the endorsement on the writ and the statement of claim are as follows:

i. A DECLARATION that the Plaintiff is the authentic Village Head elect of Ikot Obong Village in Nsit Atai Local Government Area of Akwa Ibom State having been formally elected on Monday, 9th day of January, 2012 in conformity with their custom and traditions with the active participation and in the presence of all indigenes of Ikot Obong Village in Nsit Atai Local Government Area.

ii. A DECLARATION that the Plaintiff is the person entitled to be issued wit…

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