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CHIEF OLAWOLE UNUIGBOKHAI & ORS v. CHIEF DANIEL AIGBEVBOISA & ORS

(2016) JELR 40980 (CA)

Court of Appeal  •  CA/B/272/2013  •  30 Mar 2016  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA PHILOMENA MBUA EKPE JCA HAMMA AKAWU BARKA JCA

Judgement


JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of High Court of Justice, Edo State of Nigeria in the Afuze Judicial Division in Suit No:- HAF/19/2012 Chief Daniel Aigbovbbiosa and 5 others v. Attorney-General and Commissioner for Justice, Edo State and 4 Others, delivered on 8th day of April 2013, wherein Judgment was entered in favour of the Claimants.

Briefly, the facts of the case are that the Claimants now Respondents filed a suit by Originating Summons asking for the following reliefs:-

(a) A declaration that by the provisions of the Registered Declaration Bendel State Legal Notice (BSLN) 141 of 1979 otherwise known as the Declaration of Customary Law Regulating Succession to Traditional Ruler Title, particularly paragraphs 2 and 4 thereof and the provisions of Sections 11, 13(1), 2(c) (ii), 14(c), 19(3) (c), 20(1) (2)(b) of the Traditional Rulers and Chief Law 1979, Section 6(b) of the Constitution of the Federal Republic of N…

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