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OHA OFURU NDAH (FOR HIMSELF AND AS REPRESENTING THE ENTIRE OMUISIOHA VILLAGE, IBAA) V. OHA NMAMA CHIANUOKWU (FOR HIMSELF AND AS REPRESENTING THE OMUADIE VILLAGE, IBAA) OHA WAMADI NSIRIM HRH OHA J. J. OHAKA (JP) (FOR THEMSELVES AND AS REPRESENTING THE IBAA COUNCIL OF TRADITIONAL RULERS AND CHIEFS)

(2005) JELR 55614 (CA)

Court of Appeal  •  CA/PH/22/2000  •  1 Dec 2005  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment) MONICA BOLNA'AN DONGBAN-MENSEM JCA

Judgement

ADEREMI JCA (Delivering the Lead Judgment): The appeal is against the portion of the judgment of the High Court of Rivers State sitting at Isiokpo Judicial Division, delivered in suit No.IHC/8/95 on the 19th of April, 1999, wherein the plaintiff sought the following reliefs: “(1) A declaration that the plaintiff is a full fledged member of the council of Ibaa traditional council rulers (Oha Uvahu) and accordingly is entitled to full attendance and participation at the meetings of the said council and all benefits accruable therefrom.

A declaration that under the existing customary practice in Omusunu group of villages in Ibaa, the plaintiff is the rightful holder of the Owhor Omusunu Ibaa.

An order directing the 1st defendant, his agents, privies, relations and collaborators to immediately transfer to the plaintiff (the rightful holder of the Owhor Omusunu, Ibaa) all the ancestral relics of office unlawfully detained by the 1st defendant since the death of the former holder, Oha Godwi…

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