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IHEANACHO EKPAHURU IDEOZU CHIDI JEROME AGWO CHIEF ROBERT WEYE ONYEMATARA EWOH ELDER MATTHEW V. CHIEF FRANK OKPO OCHOMA MR. DAVID AZUBUIKE OCHOMA [FOR THEMSELVES AND ON BEHALF OF UMU-ABUBAOGELE FAMILY OF AHOADA) ELDER FRED IDE MR. WILSON EYI MR. NDUBUISI JOHNSON ELDER COUPLE AMAKIRI ELDER IDOKE UDE CHIEF FELIX IGWE

(2006) JELR 53580 (SC)

Supreme Court  •  17 Feb 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC NIKI TOBI JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) MAHMUD MOHAMMED JSC

Appearances
J. T. O. Ugboduma Esq. - for the Appellants . -*- A. Ekong Bassey SAN (with him V. N. Ikhua Madueyi ) - for the -*- Respondents .

Judgement

OGUNTADE JSC (Delivering the Lead Judgment): This is an appeal from the judgment of the court below, in which it allowed an appeal from the ruling of the High Court in suit No. AHC/22/91 which is still pending before the said High Court of Ahoada Judicial Division of Rivers State. The appellants were the plaintiffs. By their amended writ of summons issued on 3rd June, 1997 against the respondents (as defendants) they claimed the following reliefs: “1. A declaration that by Ekpeye native law and custom the Umudele family ofAhoada is the head/founding familyof Nye- Nwe-Ele (landlord) of Ahoada. 2. A declaration that the Umudele family by virtue of its status as the Nye-Nwe-Ele family of Ahoada has the exclusive and sacred custody of the main Owor-Ele-Ehuda. 3. A declaration that under Ekpeye native law and custom of inheritance, it is only members of the Umudele family being the head/founding family of Ahoada that can bear the title of Nye-Nwe-Ele or landlord/traditional ruler of Ahoa…

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