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CHIEF DENNIS AFOR OGAR & ORS V. CHIEF J. I. C. IGBE & ORS

(2009) JELR 47357 (CA)

Court of Appeal  •  CA/C/35/2007  •  17 Mar 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): On 28/8/06 the Plaintiffs now appellants took out a Writ of Summons at the High Court of Cross River State, Ogoja in Suit No.HJ/31/2006 seeking, various reliefs against the Defendants/respondents contained in paragraph 13 of the Statement of Claim as follows:

13. WHEREOF the plaintiffs claim against the defendants jointly and severally as follows:

(i) A declaration that the so-called Clark's report or arbitration award is non-existent, null and void and of no consequence whatsoever.

(ii) A declaration that the State Executive Council of the Government of Cross River State has no right or colour of right to reconfirm or affirm the decision or arbitration award of H. J. S. Clark of 1947 and that the purported reconfirmation of same is ultra vires, illegal and unconstitutional.

(iii) A declaration that the purported confirmation of the decision or arbitration award of H. J. S. Clark of 1947 without hearing from the parties o…

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