CHIEF J.A.Y. IMONIKHE & ANOR. V. THE ATTORNEY-GENERAL OF BENDEL STATE & ORS.

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiffs against the decision of the Court of Appeal, Benin Division delivered on the 19th of July, 1989.

The appeal arose from a Chieftaincy tussle. In the claim before the Owan Judicial Division of the High Court of the then Bendel State, the plaintiffs claimed against the defendants as follows:

"(a) A declaration that it is the right and turn of the plaintiffs who represent the Afifia branch of Afonkhiai Ruling House in Ihievbe to produce the next Ukor of Ihievbe and not the defendants who being of Ekueye quarters in Ihievbe are not from one of the recognised branches of the said Afonkhiai Ruling House.

(b) An injunction restraining the 1st and 2nd defendants from recognizing and or installing the 2nd and 3rd defendants and any other person who is not from Afifia branch of the Afonkhiai Ruling House as the next Ukor of Ihievbe."

From the proceeding, it appears that the 2nd head of claim was to r…