CHIEF DENNIS E.A. ETALUKU V. ATTORNEY-GENERAL, DELTA STATE & ORS.
(1997) JELR 45373 (CA)
Court of Appeal
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CA/B/93/95
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24 Apr 1997
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Nigeria
Coram
SUNDAY AKINOLA AKINTAN JCA;
SYLVANUS ADIEWERE NSOFOR JCA;
ATINUKE OMOBONIKE IGE JCA;
Appearances
T.J.O. Okpoko, SAN (with him, T.E. Uwhubetine) For Appellant
J.E. Onovae - for the 3rd and 4th Respondents For Respondent
Judgement
<p>AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from two rulings delivered by Ogbodu J., sitting at Oleh High Court in Delta State on 22/5/95. The claim before the court was in respect of chieftaincy tussle between the appellant who was the plaintiff in the lower court and the 4th respondent.</p><p> Pleadings had been completed at the lower court. According to paragraph 32 of the Amended Statement of Claim, the claim is as follows:-</p><p> "1. A DECLARATION that in accordance with the age long tradition, native law, custom and usages of Unuame Community of Igbide the selection and appointment of Otota of Igbide (Otota Ologbo) is done by Unuame community of Igbide Clan.</p><p> 2. A DECLARATION that the purported withdrawal and/or confirmation of such withdrawal of Otota of Igbide (Otota Ologbo) from the plaintiff by the Directorate of Local Government and Chieftaincy Affairs, Delta State and the purported cancellation of Certificate of Registration No. TC/LS/89/42 issued to the plainti…</p>