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EZEKIEL EKANEM UDO ETUK v. CHIEF MICHAEL DAN UDO & ORS

(2017) JELR 37316 (CA)

Court of Appeal  •  CA/C/241/2012  •  12 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Akwa Ibom State sitting in Abak Judicial Division delivered on the 15th May, 2012 by EKANEM J. (as he then was).

Following the demise of the father of the Appellant as village head, Abak Ikot Village, Abak local Government of Akwa Ibom State, the 1st Respondent claimed he had been selected as the new village head by the 3 family heads in the village but was not recommended by the 2nd Respondent to the 3rd and 4th Respondent for approval and therefore took out a writ of summons at the trial Court for the following reliefs in paragraph 25 of the amended statement of claim filed on 5th May, 2008 and contained on pages 63-70 of the record of appeal as follows:

By reason of the facts stated above, the plaintiff hereby claims the following against the defendants jointly and severally:

(a) A declaration that it is the plaintiff who is legitimately entitled to be a…

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