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AGBANA
V.
OWA & ORS.

(2004) JELR 44988 (SC)

Supreme Court 21 May 2004 Nigeria
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Case Details

Suit Number:SC.83/2000
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Counsel:Prince J. O. Ijaodola For Appellant Chief Olatunji Arosanyin (with him, A. G. Joseph, Esq.) 2nd and 3rd Respondents absent and unrepresented. For Respondent
Other Citations:Agbana v. Owa (2004) 13 NWLR (Pt.889)1 (2004) 18 NSCQR 774

TOBI, J.S.C. (Delivering the Leading Judgment): This is yet another chieftaincy dispute. It is between the appellant on the one hand, and the respondents on the other. This appeal is between the appellant and the 1st respondent. It would appear that the 2nd and 3rd respondents are nominal parties.

The appellant as plaintiff filed an action in the High Court of Kogi State, holden at Egbe asking for declarative and injunctive reliefs. He asked for a declaration that the purported appointment and or approval of the appointment of the 1st defendant as the Elegbe of Egbe by the 2nd and 3rd defendants is null and void and of no effect whatsoever, He also asked for a perpetual injunction prohibiting the 1st defendant from acting as or parading himself as the Elegbe of Egbe and the 2nd and 3rd defendants treating the 1st defendant as the Elegbe of Egbe and or paying him the prerequisites of the said office.

The appellant gave evidence at the trial. He did not call any witness. The respondent…

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