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CHIEF MICHAEL UWEGBA & ORS V. THE ATTORNEY-GENERAL, BENDEL STATE, NIGERIA & ORS

(1985) JELR 41939 (CA)

Court of Appeal  •  CA/B/150/84  •  3 Dec 1985  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JCA; DAHIRU MUSDAPHER JCA; OLATUNJI AJOSE-ADEOGUN JCA;

Judgement

AJOSE-ADEOGUN, J.C.A. (Delivering the Leading Judgment): In an action instituted at the High Court of Bendel State holden at Sapele, the plaintiffs (now Appellants herein) were claiming, as endorsed in their amended writ of summons, the following reliefs:-

(a) A declaration that in accordance with the age-long tradition, native law, custom, the usages and the Constitution of the Agbon Clan, the tenure of office of the Otota of Agbon terminates automatically on the demise of the Ovie of Agbon subject to his remaining in office until the next Ovie and the next Otota are named and installed; the next Ovie and the next Otota are named and installed;

(b) A declaration that in accordance with the tradition, native law, custom, the usages and the Constitution of the Agbon Clan, when an Otota dies before the Ovie, it is the right of the said deceased Otota's sub-clan to elect a new Otota to hold office for the duration of the life of the Ovie;

(c) A declaration that the sub-clan entitled to p…

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