ALHAJI SEIDU ZIBIRI & ANOR V. CHIEF SHAKA INUSA AMUDAH

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondent was the claimant in Suit No. HAU/2/2008 instituted in the High Court of Edo State, Auchi Judicial Division, holden at Auchi. In his further amended statement of claim, the respondent claimed the following relief against the appellants, who were the defendants in the trial Court:

(i) A declaration that the plaintiff is the recognized village head of Elele and that he cannot be removed from office by 2nd defendant until his death except in accordance with the custom of Elele and the Traditional Rulers and Chiefs law 1979 as amended.

(ii) A declaration that any purported withdrawal of recognition accorded the plaintiff as village head of Elele by the 2nd defendant is contrary to the custom of Elele and/or the traditional Rulers and Chief Law 1979 and in breach of plaintiffs right to fair hearing and therefore null, void and of no effect.

(iii) A declaration that any purported withdrawal of the plaintiffs …