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CHIEF KALADAR. I. NTEOGWUILE v. CHIEF ISRAEL U. OTUO

(2001) JELR 44336 (SC)

Supreme Court  •  SC.163/1996  •  29 Jun 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff, now respondent originally sued one defendant-Chief Brown Brown, claiming a declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada town, that the plaintiff is the present incumbent on the said Stool, a declaration that the defendant's forcible installation of himself as the Okan-Ama of Unyeada on 12th January, 1980, with the aid of armed policemen is contrary to Unyeada native law and custom and is therefore null and void and perpetual injunction restraining the defendant from parading himself as the Okan-Ama of Unyeada. The present appellant applied to be joined as 2nd defendant. He was accordingly joined by order of court dated 28th July, 1980.

Pleadings were ordered, filed and exchanged. The claim was amended with an additional relief as follows:

"The plaintiff's claim against the defendants is for:

(i) A declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada to…

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