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PRINCE DAVID OCHEI V. AYO ISINYEMEZE & ORS

(2018) JELR 38869 (CA)

Court of Appeal  •  CA/B/109/2009  •  14 Jun 2018  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
CHIEF ONYEMENAM SAN with him, S.I. ABUDEI and S.N. UZAMA For Appellant C.O. AGBAGUN with him, K.A. UGBOME For Respondent

Judgement

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Justice, Delta State, sitting in Agbor, and delivered on the 26th day of May 1989 coram, Hon. Justice A. N.E. Gbemudu in suit No: A/3/84. At the conclusion of trial, the learned trial Judge in his considered judgment dismissed the claim of the Plaintiff in its entirety. The Appellant was not satisfied with the outcome of the judgment hence this appeal.

The summary of the fact of the case is that the original Plaintiff Prince Godfrey Iweany Ochei (now deceased) and substituted with the present Appellant Prince David Ochei, the deceased eldest son by the order of this Court granted on the 21/1/2010 is that after the demise of his father, Obi Ochei of Ugbodu Kingdom of Delta State, he as the eldest son was to ascend the throne. But being a minor then a regent was appointed. But to his dismay, the Delta State Government by its publication vide Bendel State of Nigeria…

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