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OKUN & ORS

(2012) JELR 42898 (CA)

Court of Appeal 11 Dec 2012 Nigeria
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Case Details

Suit Number:CA/B/163/2010
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Counsel:Chief T. O. Osisi Esq. For Appellant L. O. Egboyi Esq. For Respondent

HELEN MORONKEJI OGUNWUMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice G. O. Imadegbelo of the Edo State High Court refusing an application of the Appellant to transfer the substantive suit from the Abudu Judicial Division to the Sabongida Ora Judicial Division. The facts that led to this appeal are as follows:

The 1st Respondent as the Plaintiff had filed a claim for declaratory and injunctive reliefs at the High Court. The claims are set out below:

The Plaintiff claims against the Defendants jointly severally as follows:

1. A Declaration that the 2nd Defendant has no power whatsoever to appoint and/or recognize the 1st Defendant as the Traditional Ruler of luleha Clan, Owan West Local Government Area, Edo State and his purported appointment and/or recognition as such is irregular, ultra vires, unconstitutional, null and void and of no effect whatsoever.

2. A Declaration that the Plaintiff has been duly appointed the traditional Ruler…

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