(2002) JELR 44725 (CA)    

Court of Appeal  ·  CA/J/278/2001 ·  5 Nov 2002 ·  Nigeria
Other Citations
Ehoche v. Ijegwa [2003] 7 NWLR (Pt.818)139
OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
traditional council
auke clan
apa traditional council
learned trial judge
record of appeal
1st defendant
decision of the council
local government
customary arbitration
decision of the apa traditional council
learned counsel
present turn
resolution of the 2nd defendant
valid customary arbitration
decision of a customary arbitration
decision of the apa
lower court
traditional offices
acceptance of the award
ai-olonta lineage
customary law of the parties
good sense
local government area of benue state
order of perpetual injunction
requirements of a valid customary arbitration
tradition of auke people
apa traditional council of the apa
auke clan of ochekwu district
case of igwego
duties of the said office
following cases
following reliefs
gave evidence
general principle
learned trial judge right
minor chieftaincy title
own arbitrator
respondent belong
ruling of the high court of benue state
said counter-affidavit shows
said ruling
supreme court decisions
trial court decision
view of the supreme court decision

OBADINA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Benue State, sitting at Otukpo, delivered on the 21st of September, 2001. The respondent was the plaintiff, while the appellant was the defendant at the lower court.

Both the appellant and the respondent belong to Auke Clan of Ochekwu District in Apa Local Government Area of Benue State. Both of them contested for a minor chieftaincy title, called, "Amana-Abo" of Auke Clan, in Apa Local Government Area of Benue State. The respondent then dragged the appellant before the Apa Traditional Council of the Apa Local Government, in January, 1999 to decide which of them was entitled to the stool of the "Amana-Abo" of Auke Clan. The parties gave evidence and called their respective witnesses before the Traditional Council. After the parties and their witnesses gave evidence, the Apa Traditional Council decided the dispute in favour of the appellant. See exhibit "A" at pages 21-40 of th…

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