(2001) JELR 44247 (CA)    

Court of Appeal  ·  CA/B/72/98 ·  7 May 2001 ·  Nigeria
Other Citations
Ehikhamwen v. Iluobe (2002) 2 NWLR (Pt 750)151
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
chiefs edict
grounds of appeal
learned trial judge
2nd respondents
executive council
learned counsel
court of law
customary law
edo state
instant appeal
trial court
virtue of section
5th defendants
chief edict
joint brief of argument
traditional rulers
correct customary law
determination of this appeal
following reliefs
high court
learned counsels
legal notice
provisions of an edict
record of appeal
1st plaintiff
appointment of prince itoya iluobe
bendel state executive council
chieftaincy edict
determination of the issue
edo state government letter
fundamental human rights provisions
ground of the plaintiff
honourable court
interlocutory appeal
lack of jurisdiction of this honourable court
lagos state executive council
local government area
possible purport of the issues
provisions of the traditional rulers
respect of this action
settled principle of law
suit no. hcu
turn of the 1st plaintiff
view of decree
view of my preceding remarks
virtue of sections

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal from the ruling of Agun, J. of the Uromi Judicial Division of the Edo State High Court of Justice in suit No. HCU/5/96 delivered on the 30th day of October, 1997.

The appellants, as plaintiffs, filed a writ of summons dated 9th of February, 1996 seeking the following reliefs jointly and severally against the respondents, as defendants:

1. A declaration that the revocation of the Bendel State Legal Notice No.55 of 1979 being a customary law regulating succession to the traditional rule title of the clan head of Uzea by Edo State Legal Notice of 1995 without any hearing from the plaintiffs is contrary to the fundamental human rights provisions of the 1979 Constitution and provisions of the Traditional Rulers and Chief Edict of 1979.

2. An order setting aside the appointment of Prince Itoya Iluobe as the Onojie of Uzea in the Esan North East Local Government Area with effect from 21st September, 1995 conta…

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