CHIEF MIKE A. NWAUKONI V. MR. AUGUSTINE ARUEZE MR. OKONKWO IYASE CHIEF COLLINS AFUWAH (FOR THEMSELVES AND ON BEHALF OF UMU-UTI FAMILY OF AGIDIASE QUARTER, OGWASHI-UKU)

GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Delta State High Court, Ogwashi-Uku Division in suit No. O/9/05 delivered on 20 March 2008. The respondents herein were the plaintiffs before the lower court and the appellant was the defendant.

In a representative action, brought for themselves and on behalf of the Umu-Uti family Ruling House of Agidiase Quarters, Ogwashi-Uku, the plaintiffs/respondents’ sought for the following declaratory and injunctive reliefs. They are:

A declaration that the Umu-Uti and Umu-Ugbekide families of Agidiase Quarters are the only families entitled under the native law and custom of Agidiase Quarters in particular to nominate, select or appoint an Iyase traditional chieftaincy holder among the said families; A declaration that the Umu-Uti family is entitled according to Ogwashi-Uku native law and custom to select and/or appoint the present Iyase of Ogwashi-Uku; A declaration that the purported conferment of chiefta…