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(2020) JELR 106884 (SC)

Supreme Court  •  SC.242/2008  •  5 Feb 2020  •  Nigeria

olabode rhodes-vivour JSC; musa dattijo Muhammad JSC; Helen Moronkeji ogunwumi juJSC; Abdu aboki JSC; Emmanuel akomaye agim JSC;


ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal against the decision of the Court of appeal Enugu Division (herein referred to as the Court below), delivered on the 22nd of May 2008, dismissing the Appellant's appeal.

The Appellant herein was the Plaintiff at the High Court of Anambra State (hereafter called the Trial Court). By a Writ of Summons and an Amended Statement of Claim dated the 27th of October, 1997, the Appellant claimed the following reliefs:

1. A DECLARATION that the defendant and his members of Dim-Onyenagolum family are not entitled and cannot occupy the Obiship of Umui-Ikeogu/Ezekwuabo/Nsunano.

2. A DECLARATION that the plaintiff is by the Nnewi native law and custom of patrilineal inheritance, the person solely entitled to occupy the stool of Isi-Oblsblp of Nsunano/Ezekwuabo village in Otolo quarter in Nnewi town.

3. A DECLARATION that the Plaintiff is the recognized and incumbent Isi-Obi of Nsunano/Ezekwuabo village in Otolo quarters of Nnewi town and…

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