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DR. F. ESIRI, OBE, OFR CHIEF DANIEL E. OKUMAGBA V. ORHORO 1, THE ORODJE OF OKPE OKPARA 1, THE OVIE OF AGBON CHIEF J. O. EDEWOR CHIEF BENJAMIN O. OKUMAGBA MAJOR GENERAL D. A. EJOOR (RTD) CHIEF FRED OROKE MR. YOUNG ESOMBI CHIEF B. B. E. IDIGBE CHIEF PATRICK OKITIAKPE CHIEF T. ATUMA MOSES OKE ODIGBO

(2007) JELR 56112 (CA)

Court of Appeal  •  CA/L/497/99  •  19 Apr 2007  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA, JP+ (Presided) PAUL ADAMU GALINJE JCA HUSSEIN MUKHTAR JCA (Read the Lead Judgment)

Appearances
A.B. Kasunmu (with him, Mrs. Adepegba) - for the Appellants . B -*- Moses Omorogbe (holding brief for E. I. Akpofure, SAN) - for the -*- Respondents .

Judgement

MUKHTAR JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, Lagos delivered by D. D. Abutu J on 9th September, 1999 in suit No. FHC/B/4/94. The plaintiffs/ appellants had obtained leave of the lower court on 2nd March, 1994 and filed a representative action for themselves and on behalf of the national officers of the Urhobo Progress Union (hereinafter referred to as U.P.U.) claiming seven declaratory reliefs and one injunctive relief against thedefendants/respondents jointly and severally as follows: “1 A declaration that Urhobo Progress Union has a written constitution regulating the admission of its members and the election of its national officers and other officers who operate the said union under the provisions ofthe Companies and Allied Matters Act, Cap. 59 Laws of the Federation of Nigeria 1990; not in any way subservient to the fiat of any traditional ruler or chief within or outside Urhobo land; but subject only to the circu…

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