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BEN JEKPE & ANOR V. CHIEF (DR.) S.T. ALOKWE & ORS

(2001) JELR 44319 (SC)

Supreme Court  •  SC.111/1995  •  6 Apr 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellants in this appeal were plaintiffs in Suit No. HAU/40/89 which originated in the Auchi Judicial Division of the High Court of the former Bendel State of Nigeria. The respondents herein were the defendants. There were three sets of defendants and each set filed a statement of defence. The 1st defendant who is the 1st respondent in this court stands alone. The second set is represented by the 2nd, 3rd and 4th respondents and the third set is represented by the 5th and 6th respondents.

In paragraph 63 of the further amended statement of claim, the plaintiffs claimed ten reliefs in the form of Declarations that the Apa of Okpekpe is the customary title of which the Clan Head of Okpekpe is known and addressed, that the lmiekpe kindred of the plaintiffs is the sole and exclusive ruling kindred in Okpekpe, that the 1st plaintiff is entitled to be recognised by the 2nd to the 4th defendants as the holder of the Chieftaincy title …

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