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BISHOP SAMSON I. OKELEZOH & ORS. V. REV. DAVI IZUAGE & ANOR.

(2003) JELR 44095 (CA)

Court of Appeal  •  CA/B/141/2001  •  10 Apr 2003  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MUHAMMAD S. MUNTAKA-COOMASSIE JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

RABIU DANLAMI MUHAMMD, J.C.A., (Delivering the Leading Judgment): The respondents herein were the plaintiffs at the lower court. They sued the appellants in the Benin Judicial Division of the Edo State High Court claiming the following reliefs:

"1. A declaration that as life trustees of the 5th defendant the 1st to 4th defendants have no right to exclude the plaintiffs from the lawful activities of the 5th defendant.

2. A declaration that as life trustees the plaintiffs are entitled to their remuneration/allowance due to them from the activities of the 5th defendant to date.

3. A declaration that the exclusion of the plaintiffs from the activities of the 5th defendant by the 1st to 4th defendants is illegal unconstitutional, null and void.

4. An order setting aside a document dated 11th of June, 1999 as the document was executed involuntarily under undue influence exerted on the 1st plaintiff by the 1st and 2nd defendants.

5. An order of perpetual injunction restraining the defendants…

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