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CHIEF HYACINTH MMADUAGWU & ANOR v. DARA MARTINS IFEANYI & ORS

(2016) JELR 36780 (CA)

Court of Appeal  •  CA/E/213/2012  •  26 May 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State, sitting at Nnewi (hereinafter referred as the Lower Court), delivered by Justice M. I. Onochie, J., on the 7th day of March, 2012.

The substantive suit was instituted by the plaintiffs/respondents vide a writ of summons dated and filed on the 11th day of October, 2010 wherein the plaintiffs/respondents sought ten (10) reliefs against the defendants/appellants. The reliefs include:

?A declaration that the purported selection of the 2nd Defendant by the 1st Defendant as the Igwe-Elect of Ukpor in Nnewi South Local Government Area of Anambra State is ultra vires, irregular and a violation of the customs, tradition and historical norms of Ukpor and is therefore null and void.?

Consequently, the 3rd and 4th defendants/appellants were duly served with the said writ of summons. However, the plaintiffs/respondents complained that they could not effect …

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