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ATAGBOR
V.
OKPO & ORS.

(2013) JELR 35963 (CA)

Court of Appeal 23 Jan 2013 Nigeria
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- This is an appeal against a judgment of the High Court of Cross River State. - The appellant and the 1st respondent were in a dispute over the position of village head of Nsan village. - The appellant filed a suit challenging the selectio

Case Details

Suit Number:CA/C/96/2010
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:C.A.C. Ogbogu For Appellant M. E. Ukweni - For the 1st RespondentChief P. A. AkpokeE. A. Otu (Mrs.)A. K. AringR. E Alao (Mrs.)E. O. AbbaA. U. Bassey - For 2nd â€" 5th Respondents (Director Ministry of Justice Akamkpa) For Respondent

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Akamkpa delivered on 31st March, 2010.

The appellant and the 1st Respondent are both from Nsan village in Akamkpa Local Government Area and were in a tussle for the position of village head of Nsan. The 1st Respondent was selected as village head. A letter to that effect was written and sent to the Akamkpa Traditional Rulers Council on 27th March, 2006 Exhibit F. The Akamkpa Traditional Council recognized the 1st Respondent vide the minutes of the meeting of page 22-27 of the Record of Appeal.

Being dissatisfied with the selection and recognition of the 1st Respondent, the Appellant as plaintiff filed a suit in the High Court of Akamkpa challenging it. The Appellant in his suit claimed as follows:

(a) A declaration that the plaintiff is the rightful person to be recognized installed and issued with the certificate of recognition as t…

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