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HH CHIEF EFA EWA HENSHAW & ORS V. HRH ETUBOM EWA ANSA EFFANGA HENSHAW & ORS

(2018) JELR 38784 (CA)

Court of Appeal  •  CA/C/235/2015  •  9 May 2018  •  Nigeria

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

Appearances
For Appellant For Respondent

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar Judicial Division delivered on the 2nd day of November, 2014 by EDEM J (as he then was).

Following an intra family dispute over the management and control of Ewa Ekeng family land in Calabar South and Bakassi Local Government Areas of Cross River State, the Respondents took out a writ at the trial Court wherein they sought the following reliefs:

1. A declaration that only the 1st claimant as the Head of Ewa Ekeng House is entitled under the Efik custom applicable to Ewa Ekeng House to manage Ewa Ekeng family land and assets in Calabar South and Bakassi Local Government Areas in conjunction with the principal members of Ewa Ekeng House who constitutes the Ewa Ekeng Traditional Council.

2. A declaration that the defendants do not have any right, either jointly or severally, to interfere with the management of Ewa Ekeng fa…

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