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JERRY HENRY UBANI V. CHIEF JOSEPH T.I. OGOLO

(1997) JELR 45500 (CA)

Court of Appeal  •  CA/PH/239/94  •  15 Apr 1997  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RABIU DANLAMI MUHAMMAD JCA; EMMANUEL OLAYINKA AYOOLA JCA;

Appearances
Dr. J.O. Ibik, SAN (with him, M.C. Okonkwo & Mrs. I. Ibike) For Appellant Alhaji F.O. Oso (with him, J. Kehinde) For Respondent

Judgement
<p>MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The parties to this appeal are or claim to be members of the Diepiri Section of Opobo Town. The cause of their dispute arose as to the succession to the traditional rulership of Chief of Main Ogolo House and Head of Diepiri Section. The Chieftaincy title became vacant as a result of the death of Raymond D, Ogolo in 1981 who was the Chief of Main Ogolo house and Head of Diepiri Section. The family was divided over succession to the title. This led to many Court actions. The appellants herein as plaintiffs in the lower court sued the respondents in a representative capacity in suit No. BHC/66/85. While this suit was still pending, the respondents, as plaintiffs, sued the appellants, in Suit No, BHC/16/86. The appellants&#x27; claim in Suit No. BHC/66/85, the subject matter of this appeal, as set out in paragraph 38 of their amended statement of claim is as follows:-</p><p> &quot;(a) A declaration that the purported installation of Joseph T. Ogolo as th…</p>

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