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ATUNGWU & ANOR
V.
OCHEKWU

(2013) JELR 35737 (SC)

Supreme Court 12 Jul 2013 Nigeria
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- The case arose from a chieftaincy dispute concerning the appointment of the respondent as the Clan Head of Edikwu, following traditional selection and "beading" on 29 April 1995; the appellants challenged the appointment but lost at both

Case Details

Suit Number:SC.248/2004
Judges:IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC SULEIMAN GALADIMA JSC MUSA DATTIJO MUHAMMAD JSC STANLEY SHENKO ALAGOA JSC
Counsel:Ademola Bakre Esq. with Abdulwahab Muhammad Esq. S. F. Soyemi (Miss) For the Appellant; P. A. Omengala Esq. with S. O. Ada Esq. For the Respondent.

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an Appeal brought by the Appellants from the Judgment of the Court of Appeal (herein referred to as the court below) Jos Division in Appeal No. CA/J/2/2/2001 delivered on 29/6/2004, wherein that Court dismissed the Appeal and affirmed the Judgment of the trial Court.

Dissatisfied with the Judgment of the Court below, the Appellants have appealed to this Court upon the Notice of appeal containing 8 Grounds of Appeal. From the 8 grounds of Appeal 5 issues, which the Respondent adopted for determination were formulated. I shall come to the issues anon. However, the facts of this case which has a chequered History and intriguing circumstances must be first exposed. It is that sometimes about 29th day of April 1995, the Respondent herein was appointed the substantive Clan Head of Edikwu Community, following the death of the previous holder and the expiration of the Regency or period allowed by the Custom and Tradition of …

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