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PRINCE FELIX I. OGIUGO V. PRINCE ANTHONY E. ORHUE OGIUGO

(1999) JELR 41278 (SC)

Supreme Court  •  SC.105/1994  •  17 Dec 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

E. O. OGWUEGBU, J.S.C (Delivering the Leading Judgment): The original parties to the proceedings were Prince Ikponminwingie Emuze Ogiugo as plaintiff and Prince Orhue Emuze Ogiugo as defendant. The plaintiff's claim against the defendant in the Orhionmwon Area Customary Court holden at Abudu in the former Bendel State of Nigeria is for:-

"(1) A declaration that the defendant is not the Enogie of Ugo-Niyeke Ikpoba Orhionmwon Local Government Area within the jurisdiction of this Honourable Court.

(2) A declaration that the plaintiff and not the defendant is the person entitled to (sic)be installed as the Enogie of Ugo-Niyeke Ikpoba Orhionmwon Local Government Area, Bendel Stale.

(3) A declaration that the plaintiff having performed the burial ceremony of his late Enogie and other traditional rites, should be installed the Enogie of Ugo-Niyeke Ikpoba (Ugoneki) according to Bini Native Law and Custom applicable at Ugo-Niyeke.

(4) An injunction restraining the defendant from parading him…

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