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DUKE
V.
GOVERNMENT OF CROSS RIVER STATE & ORS

(2013) JELR 50021 (SC)

Supreme Court 1 Feb 2013 Nigeria
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- The case involves an appeal against a judgment of the Court of Appeal, Calabar Division, which dismissed the appeal of the Appellant against the judgment of the High Court of Cross River State. - The Appellant had filed a lawsuit claiming

Case Details

Suit Number:SC.292/2008
Judges:WALTER NKANU SAMUEL ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Counsel:CHARLES E. DUKE Esq. with A. Onwusombo (Mrs.) For Appellant IKOI E. IKONNA Esq. (DCL MOJ. Cross River) With EKO EKPO (SC. MOJ. Cross River) For Respondent
Other Citations:(2013) JELR 54691 (SC)

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): The appeal is against the Judgment of the Court of Appeal, Calabar Division in appeal No.CAC/142/07 delivered on 3rd July, 2008 in which it dismissed the appeal of the Appellant against the judgment of the High Court of Cross River State at Calabar given in suit No. HC/2/2006 on 7th May, 2007.

The facts are that on 6th January 2006, the Appellant as plaintiff instituted an action in the Cross River State High Court at Calabar against the Respondents as Defendants, claiming the following reliefs:

"(i). A DECLARATION that the letter reference number DDCA/CRS/TC/10/S.11/438 dated 11th October, 2005 by which the Plaintiff's recognition as both village Head of Ikot Edem Odo village and clan Head of Ikot Ede Odo village and Clan Head of Edem Odo Clan was purportedly withdrawn is invalid and unlawful.

(ii). A DECLARATION that the purported de-recognition of the plaintiff as the village Head of Ikot Edem Odo village and Clan Head of…

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