Cookie Policy
EJIWUNMI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court below (Benin Division). That court, by its judgment delivered on the 26th day of May, 1995, upheld the judgment of the Auchi High Court in respect of the claims of the plaintiffs before that Court. It must be noted that the plaintiffs at the commencement of this action included Bawa Shaibu 1st plaintiff and 7th plaintiff Chief Momoh Bello Bawa (described as Ivbiaro Most Senior Title Holder) 'Odion Ejere'. And later during the proceedings, Chief Sule Elabor was joined as the 8th plaintiff; following the death of the 7th plaintiff. In this court, however, the plaintiffs are as stated above.
In respect of this appeal, the only point argued for the 1st defendant, who alone has appealed to this Court, concerns the jurisdiction of the Auchi High Court of the former Bendel State to entertain the plaintiffs' action. In the High Court, the plaintiffs' by virtue of paragraph 17 of their third amend…