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CHIEF MICHAEL IFAMA OKUNTA CHIEF PHILIP I. TARIBO BARA CHIEF RICHARD OBEBABA NYAKO (SUED ON BEHALF OF NKORO CLAN COUNCIL OF CHIEFS) SCOFIELD IBUORIBO SANGA V. SENIBO PASCHAL ODEYH CHIEF ELECT OKESOMA FRED ELDER SYLVESTER AMA OWUARU EDWARD DAPPA SENIBO NATHANIEL SAM SENIBO PETER WILSON (FOR THEMSELVES AND ON BEHALF OF THE KING KPOKPO KUNO (POKOYE) SECTION OF NKORO TOWN, OPOBO/NKORO L.G.A.)

(2014) JELR 57271 (CA)

Court of Appeal  •  CA/PH/596/2013  •  8 Jul 2014  •  Nigeria

Coram
MODUPE FASANMI JCA (Read the Lead Judgment) BIRTUS G. SANGA JCA

Appearances
A. Imabibo Esquire (with him, Miss A. Woke) - for the -*- Appellants. -*- S. J. Efik Esquire - for the Respondents.

Judgement

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Rivers State High Court in suit No. BHC/6/ 2006, delivered on 22 March 2013.

The respondents’ case before the lower court is in respect of the subversion of the custom and tradition of Nkoro as it relates to the power of Amanyanabo of Nkoro to coronate a new Chief or delegation of his powers to a person from Kpokpo section of the Community. The respondents are members of the king Kpokpo section of Nkoro clan. That in 2004, the Amanyanabo of Nkoro became sick and incapacitated to perform his duties as Amanyanabo of Nkoro. The 1st set of appellants capitalized on this and embarked on plans to subvert the established customary and traditional practice of Nkoro people.

Respondents by their amended statement of claim, claimed in paragraph 29 at pages 153-154 of the record of appeal the following reliefs.

“The claimants claimed against the defendants jointly and severally as follows:

A declaration that t…

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