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HIS ROYAL HIGHNESS OFEM INYANG & ORS V. FRANCIS EWO ARIKPO & ORS

(2016) JELR 46468 (CA)

Court of Appeal  •  CA/C/358/2013  •  1 Jul 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA;

Appearances
I.U. Mgbe, Esq. For Appellant K.U. Ejukwa, Esq. for 1st - 5th RespondentsB. U. Bassey, Esq., Director, Ministry of Justice, Cross River State, for the 6th Respondent For Respondent

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is brought against the ruling of the High Court of Cross River State of Nigeria, Ugep Judicial Division, Ugep, presided over by Honourable Justice Effiom Eyo Ita delivered on July 8, 2013, wherein the case of the Appellants was dismissed.

The Appellants are Clan and village Heads of Kaboli, Okorn, Kekowa, Kekowa II, Kobu, Okatum, Likpankol, Ekpen, Yitamitan and Osedom respectively of Kekowa, Idomi, Yakurr Local Government Area of Cross River State, Nigeria. The 1st 5th Respondents are all natives of Epono Community or Village in Kaboli Clan of Idomi in Yakurr Local Government Area of Cross River State. Until Epono was recognized as a distinct Village by the Cross River State Clans Creation Law of 1996, it was an integral part of Kekowa Village or Community. with the passage of the said 1996 Clans Creation Law, Kekowa and Epono became distinct Villages. Despite that statutory approval of Epono as a village, the p…

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