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MR. JOEL ETIPETIP UKWUYOK & ORS. v. H.R.H. FESTUS SILAS OGBULU & ORS.

(2009) JELR 33989 (CA)

Court of Appeal  •  CA/PH/292/2004  •  23 Apr 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; TIJJANI ABDULLAHI JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

I. M. M. SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Rivers State High Court of Justice, holden at Port-Harcourt, which was delivered on 26/6/04 by W.A. Chechey, J; in favour of the Respondents (Plaintiffs) against the appellants (Defendants).

The genesis of this appeal is traceable to 30/9/03. That was the date on which the Respondent filed a writ of summons along with a statement of claim thereof in suit No. PHC/1660/2003, thereby seeking the following 5 reliefs:

(a) A DECLARATION that the 1st Plaintiff is the Okan-Ama of Ibatirem Town, Andoni, having been properly selected, presented and installed the Okan-Ama of Ibotirem Town by the Ibotirem Town.

(b) A DECLARATION that the 2nd Defendant is not the Okan-Ama of Ibotirem Town by reason of the fact that he is not a member of any of the Ruling families of Ibotirem Town and having not been properly selected, presented and installed the Okan-Ama of Ibatirem Town.

(c) A DECLARATION tha…

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