H.R.M. OBI (PROF) CHUKWUKA ANINSHI OKONJO V. CHIEF MIKE NWAUKONI
(2018) JELR 38878 (CA)
Court of Appeal
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CA/B/203/2016
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26 Jun 2018
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Nigeria
Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA;
MOORE ASEIMO ABRAHAM ADUMEIN JCA;
MUDASHIRU NASIRU ONIYANGI JCA;
Appearances
G.I. Ugbechie, Esq. For Appellant
Prof. O.G. Amokaye with him, C.A. Uzomah, Esq. and V.O. Nobei, Esq. For Respondent
Judgement
<p>MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd defendant in Suit No. O/11/2015 instituted by the respondent in the High Court of Delta State, Ogwashi-Uku Judicial Division, holden at Ogwashi-Uku. In the said suit, the respondent claimed in paragraph 29 of his statement of claim the following relief:</p><p>a. A declaration that any registration/purported listing of the 1st defendants name in the register of Recognised Chiefs of Delta State Government and/or Official Gazette of Delta Government is null, void and of no effect, there being a pending appeal at the Supreme Court on who is the legally installed Iyase of Ogwashi-Uku Kingdom which has not been determined in favour of any party.</p><p>b. A declaration that the entering of the 1st defendant name as the Iyase of Ogwashi-Uku Kingdom in the register of Recognised Chiefs in Delta State and/or Official Gazette of Delta State by the 3rd Defendant is preemptive, null, void and of no effect the appea…</p>