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CHIEF AKUJOBI DAVID OSUAGWU v. CHIEF CHARLES EMEZI & ORS

(2013) JELR 34055 (CA)

Court of Appeal  •  CA/PH/320/2007  •  24 May 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JOHN INYANG OKORO JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court sitting in Owerri in Suit No. HOW/199/99 delivered on the 29th June, 2007 by Hon. Justice P. C. Onumajuru - Chief Judge wherein his Lordship upheld the claim of the plaintiff (now 1st respondent). A brief facts of this case will suffice.

By an amended statement of claim, the 1st respondent (substituted by order of court) claimed as plaintiff against the appellant, as 4th defendant in the court below as follows:

"(a) A declaration of the Honourable Court that the purported recognition accorded to the 4th defendant by the 1st defendant on the advice of the 3rd defendant is unlawful, and ultra vires the 1st defendant.

(b) A declaration of the Honourable Court that the document titled "Laid - down procedure adopted in selecting the Chief or Traditional Ruler of Awaka and the procedure, the Traditional manner and criteria of which further election will be based" a…

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