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A.G ENUGU STATE
V.
MARCEL & ORS

(2019) JELR 110447 (CA)

Court of Appeal 11 Jun 2019 Nigeria
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- The dispute concerned the selection of the Traditional Ruler (Igwe) of Umuna, Enugu State, with respondents seeking a declaration that, by native law and custom, selection rotated by seniority down to the village level, entitling Amadilig

Case Details

Suit Number:CA/E/99A/2014
Judges:Ignatius Igwe Agube JCA Misitura Omodere Bolaji-Yusuff JCA Joseph Olubunmi Kayode Oyewole JCA
Counsel:Uzoamaka Okeji (Chief Legal Officer, Ministry Of Justice, Enugu State) for the Appellant; I.C. Uhagha with him, Walter Aneke for the Respondents.

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The respondents in this appeal instituted suit no. N/7/2008 at the High Court of Enugu State, Nsukka Judicial Division against Chief Frank Omeje, Mr. Charles Odo, Mr. Maximus Amoke and the appellant. They sought for the following reliefs:

a. A declaration that Amadiligwe village is the oldest and most senior village in Amakofia quarter of Umuna town and Amokofia is the 3rd in order of seniority of the three quarters in Umuna. 

b. A declaration that by the system of rotation it is now the turn of Amadiligwe village, being the most senior of Amakofia quarter to select the Igwe of Umuna town in accordance with the custom and tradition of the town. 

c. A declaration that Amadiligwe village and Amakofia quarter have not elected and/or presented the 1st defendant or anybody at all to the chairman of Igbo-Etiti Local Government Council or to the Enugu State Government for recognition as the Traditional Ruler (Igwe) of …

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