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MOMOH WOKILI NDASUKO & ORS V. ADAMU MOHAMMED & ORS

(2007) JELR 48718 (CA)

Court of Appeal  •  CA/A/20/98  •  15 Feb 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice M.A. Medupin of the Kogi State High Court sitting at Koton-Karfe delivered on 20/10/95 in which Judgment was entered for the Plaintiffs.

The- Plaintiffs claim before the lower Court reads:

"Whereof the Plaintiffs claim against the Defendants jointly and severally:

i. A declaration that the first Plaintiff is the rightful person to occupy the vacant title of Ogaza- Ogbani having been selected by the quarters having the right or turn to occupy the vacant Stool.

ii. A declaration that the installation of the Defendants as the Ogaza-Ogbani of Koton-Karfe as carried out by the 2rd and 3rd Defendants is null and void as it was not proceeded by the due selection by any quarters.

iii. An order of perpetual injunction restraining the 1st Defendant from forwarding himself as the Ogaza-Ogbani of Koton-Karfe.

iv. An order of perpetual injunction restraining the 2nd and 3rd Defendants from…

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