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AKUNWATA OGBOGU MBANEFO v. NWAKAIBIE HENRY MOLOKWU & ORS

(2014) JELR 40256 (SC)

Supreme Court  •  SC.238/2008  •  14 Feb 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; MUSA DATTIJO MUHAMMAD JSC; JOHN INYANG OKORO JSC;

Judgement

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant as Plaintiff in Suit No. 0/1/2005 in the High Court of Anambra State sitting in Ihiala sued the Respondents as Defendants. That High Court per Anigbogu J dismissed the suit as lacking in merit. Dissatisfied with the decision, the Appellant appealed to the Court of Appeal, Enugu Division which on the 8th July, 2008 after a full hearing dismissed the appeal hence the appeal before the Supreme Court.

FACTS RELEVANT TO THE APPEAL:

The Appellant as Plaintiff had claimed as follows in the

Statement of Claim:-

"a) A declaration that the Defendants do not have the authority and power to stop the Plaintiff from participating in Ozo Title ceremonies and from enjoying his rights and privileges as an Ozo titled man at every Ozo title ceremony so long as he is not in breach of any Ozo rules and the Agbalanze Onitsha Constitution.

b) An order restraining the Defendants, their agents, privies, workmen and assigns whether b…

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