judy.legal
Login Register
📄 PDF

CHIEF ETUEDOR UTIH & ORS. V. JACOB UMURHURHU ONOYIVWE & ORS.

(1991) JELR 43050 (SC)

Supreme Court  •  SC.160/1988  •  11 Jan 1991  •  Nigeria

Coram
MOHAMMED BELLO JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; EPHRAIM OMOROSE IBUKUN AKPATA JSC;

Appearances
C.O. Scott-Emuakpor (with him, I. A. Scott-Emuakpor and M.O. Diejomaoh) For Appellant Professor A.B. Kasunmu, S.A.N. (with him, P.E. Ohimor) For Respondent

Judgement

M. BELLO, CJN (Delivering the Leading Judgment): The dispute in this case on appeal was deep rooted in the politics of the "Ovie of Evwreni" Chieftaincy title in Evwreni town in the Ughelli Local Government area of Bendel State and the Clan Headship of the town. Although the main issues for determination in the dispute, to wit whether the Court had jurisdiction to make the declarations sought and whether the evidence adduced warranted making the declarations, might appear to be straight-forward, the matter had been made complicated by copious and verbose pleadings filed by the parties and over-production of documentary evidence, namely - Exhibits A, B-B6, C-C19, D-D2, E to V, W-W1, X to Z and 1 to 2 most of which went to no issue.

For the proper appreciation of the issues, it is necessary to set out fully the Plaintiffs' case as pleaded in their Amended Statement of Claim. After having set out the traditional history of Evwreni from the migration of its peoples from Elele to their fou…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login