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CHIEF EDWIN OBIANEFO OKEKE & ORS. V. ANTHONY AGBODIKE & ORS.

(1999) JELR 41337 (SC)

Supreme Court  •  SC.246/1993  •  17 Dec 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Appearances
Philip Umeadi, Jnr. Esq. (with him, O. Nnoli, Esq.) For Appellant Nnaemeka Ngige, Esq For Respondent

Judgement

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Enugu Division, which dismissed the appellants' appeal against the judgment of the High Court of Anambra State, sitting at Nnewi. The claim by the appellants as plaintiffs in the trial court was for:

"(a) A declaration that the plaintiff, as the descendants of Eze-Omodo, are the eldest or senior of the Umeagbunnono (Akabo Edeji) of Uruagu Nnewi.

(b) A declaration that the plaintiffs as the eldest family of the Umeagbunnono (Akabo-Edeji) are entitled to all rights and privileges of a first son under Nnewi native law and custom including the right to be the seat of authority over and above the defendants and right to exercise first option over any common property belonging to Umeagbunnono according to Nnewi native law and custom especially the common property situate at Uruagu Nnewi.

(c) An injunction restraining the defendants, their agents, relations. servants and f…

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