CHIEF EHIMIGBE OMOKHAFE CHIEF ILAVBAEBOR IKHEAFE CHIEF OMOIGBERA USIKHIFO (FOR THEMSELVES AND ON BEHALF OF OTUO IKHEHEGHOKI AGE - GROUP AND MEMBERS OF OTUO CLAN COMMUNITY EXCEPT THE 4TH DEFENDANT AND HIS SUPPORTERS) V. THE MILITARYADMINISTRATOR, EDO STATE OF NIGERIA THEATTORNEY-GENERALAND COMMISSIONER FOR JUSTICE, EDO STATE OF NIGERIA THE COMMISSIONER FOR SPECIAL DUTIES, DIRECTORATE OF LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS, EDO STATE) CHIEF IYHETEE ELUGBE

AKAAHS, JCA (Delivering the Lead Judgment): This appeal is against the Ruling of Omoluabi, J. in the Owan Judicial Division, holden at Afuze in suit No. HCN/2/96 delivered on 21/3/97 whereby the learned trial Judge vacated the order of interim injunction which he earlier granted in the case and proceeded to dismiss the substantive suit. In the brief ruling after reviewing the submissions of counsel, the learned trial Judge stated at page 259 of the record:

“I have carefully considered the copious affidavit evidence from both sides and the submissions of learned counsel on them. There is no doubt that in view of the peculiar circumstances of the customs and traditions of the people of Otuo regarding the appointment of the Ovie of Otuo, the plaintiffs/respondents herein have interest in the Ovie of Otuo Chieftaincy Title. I so hold for whatever it is worth.

However, in the face of Exhibits A andattached toth e m otion papers filed herein o n 16/4/96, an d the consequences attaching to E…