AGBANA
V.
OWA & ORS.

(2004) JELR 44988 (SC)    

Supreme Court  ·  SC.83/2000 ·  21 May 2004 ·  Nigeria
 · 
Other Citations
Agbana v. Owa (2004) 13 NWLR (Pt.889)1 (2004) 18 NSCQR 774
CORAM
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
Core Terms Beta
counsel
appellant
court
appeal
record
court of appeal
elegbe of egbe
1st respondent
preliminary objection
respondents
1st defendant
exhibit d4
file index
learned trial judge
absence of an appellant
issue no.1
purported appointment
3rd respondents
decision of the court of appeal
highest respect
judgment of the learned trial judge
obiter dictum
time of delivery of a judgment
additional ground of appeal
alphabetical list
approval of the appointment of the 1st defendant
chief igwe v
claim of the plaintiff
constitutional provision
decision of the learned trial judge
end of the trial
evidence of hearing notice
following cases
high court of kogi state
judgment sine die
justices of the court of appeal
leading judgment
learned judge
lines of page
military administrator
nominal parties
notice of hearing of the judgment
opinion of this court fail
position of the law
prerequisites of the said office
prince j. o. ijaodola
record of proceedings of the court
record shows

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…

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