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EDUMUND ONYEAMA & ORS V. ENGR. DOMINIC OBODOH (President-General, Eke Town Union) & ORS

(2008) JELR 33048 (CA)

Court of Appeal  •  CA/E/245/2005  •  27 May 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

VICTOR AIMEPOMO O. OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal the appellants seek the following (a) an order that "the learned trial judge failed to arrive at the proper conclusion after having found the constitution to be "spurious" and clearly went outside the realms of the contest before the court" consequently the appellants seek a reversal of the order of the court below which dismissed the plaintiff's claim.

In the court below the plaintiffs had sued for themselves and on behalf of the people of Amankwo in Eke Community. The plaintiffs have sued the defendants for themselves and on behalf of the community excluding Amankwo Eke in Udi Local Government Area and claim as follows:-

"(1) A declaration that the document titled "The Constitution for the office of the traditional head as Chief of Eke Community is not the Eke Community Constitution regulating the selection, appointment and installation of a traditional ruler for Eke Community.

(2) A declaration that…

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