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CHIEF SHAIBU MAMUDU IDOGIERHIE v. H.R.H. CHIEF JOHN OARE II, JP

(2005) JELR 45271 (CA)

Court of Appeal  •  CA/B/242/2001  •  20 Apr 2005  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA; NWALI SYLVESTER NGWUTA JCA; UWANI MUSA ABBA-AJI JCA;

Judgement

NGWUTA, J.C.A. (Delivering the Leading Judgment): The respondent is the clan Head of Anwai clan. He instituted the action in suit No. HAU/7/98 against the appellant and 9 others. The 1st appellant was sued in his personal capacity, but the other 9 defendants in the suit were each sued in a representative capacity. The claim in the court below is for the following reliefs:

"1. A declaration that the plaintiff is the only person entitled, personally or through agent, to collect customary dues/rents on all of Anwai Communal lands.

2. Perpetual injunction to restrain the 1st defendant by himself, servants, or agents from collecting any customary dues/rents on any part or parts of Anwai communal land.

3. Perpetual injunction to restrain the 2nd-10th defendants by themselves, agents or privies from paying any dues/ rents to the 1st defendant.

4. An order compelling the 1st defendant to account fully for all customary dues, rents or monies paid to, or collected by him on any part or parts of…

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