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GABRIEL MMAJU & ANOR V. CHIEF IKECHUKWU IKWUKA

(2018) JELR 39375 (CA)

Court of Appeal  •  CA/E/33/2017  •  29 Mar 2018  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA;

Appearances
Andy Ubah, Esq., For Appellant Chief C. Obinwenite Obimuanya For Respondent

Judgement

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of justice, Ogidi, Anambra State of Nigeria delivered by Honourable Justice Vin N. Agbata on the 31st of October 2016 in Suit No HID/52/2014.

By writ of summons dated and filed on 8th of April 2014, the appellants (Plaintiffs in the lower Court) claim against the Respondent (Defendant/Counter Claimant in the lower Court) the following:

a) A declaration that the ostracism placed on the Plaintiffs by the Defendant is null and void and of no effect as that was premised on victimization and intimidation.

b) A declaration that the Defendants purported assumption of the chairmanship position of Umukokwulu kindred did not follow due process.

c) A declaration that the Defendant, not being a biological descendant of Umukokwulu family is not qualified to assume the Headship/Chairmanship of the said family.

d) An injunction restraining the Defendant from parading himself as the Chairman o…

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