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BENSON M. FYNEFACE & ORS. V. ALEX S. FYNEFACE & ORS.

(2007) JELR 48770 (CA)

Court of Appeal  •  CA/PH/240/2001  •  17 Jan 2007  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Rivers State High Court holden at Port Harcourt dated 21/5/97, coram I.N. Ndu, J...(as he then was). As it would appear from the records of the trial court, the respondents had on 21/10/87 caused a writ of summons to be issued against the appellants claiming the following reliefs:-

(i) A declaration that at all material times, the only existing chieftaincy stool for the Fyneface House of Abonnema is the "Chief Fyneface Chieftaincy Stool" and John Fyneface Chieftaincy Stool.

(ii) A perpetual injunction restraining the defendants their agents and servant howsoever from:

(a) Converting the existing Fyneface Chieftaincy Stool and any other property including the Chief

Fyneface Hall which belongs to the Fyneface House of Abonnema into a non-existent personal chieftaincy of John Fyneface.

(b) Appointing, electing, installing or parading any person in any manner howsoever as incumbent to the e…

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