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MR. EMMANUEL MOSES V. MADAM AGNES NLERUNWO ERUWA & ORS

(2013) JELR 35688 (CA)

Court of Appeal  •  CA/PH/397/2007  •  10 Apr 2013  •  Nigeria

Coram
EJEMBI EKO JCA CHIOMA EGONDU NWOSU-IHEME JCA STEPHEN JONAH ADAH JCA

Appearances
E. G. Iwediba For the Appellant; F. C. Ikehi Esq. For the Respondent.

Judgement
<p><strong>CHIOMA EGONDU NWOSU-IHEME, J.C.A.: (Delivering The Leading Judgment):</strong> The Appellant here was the Claimant while the Respondents were the defendants in an Originating Summons proceedings in Suit No. PHC/337/2006 in the Port Harcourt Division of the High Court of Rivers State.</p><p> By the said originating Summons filed on the 4th of April, 2006, the Appellant sought for the interpretation and construction of the Judgment in Suit No. PHC/153/90 delivered by Daniel-Kalio J, (as he then was) on the 8th of March, 2001. On interpreting the said judgment, the Appellant (claimant therein) seeks the following reliefs:</p><p> &quot;1. Whether the Claimant herein is the person entitled to succeed to his late father&#x27;s position as the head of Eruwa family, being the eldest and only surviving male child of his said father and the only surviving legitimate son of the Eruwa lineage?</p><p> 2. If question No.1 is answered in the affirmative, whether the Claimant as head of Eruwa family is the person entitled to the custody an…</p>

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