(1998) JELR 45623 (CA)    

Court of Appeal  ·  CA/J/174/93 ·  17 Feb 1998 ·  Nigeria
Other Citations
Ejikeme v. Amaechi (1998) 3 NWLR (Pt.542)
Ejikeme v. Amaechi (1998) 3 NWLR (Pt. 542) 456
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
igbo community
igbo community katsina-ala
1st defendant
lower court
2nd grounds of appeal
4th defendant
statement of claim
body corporate
benue state
central body
learned trial judge
representative capacity
amended statement of claim
4th defendants
brother oguntade
1st appellant
particulars of error of law
3rd plaintiff
authorisation of the igbo community
behalf of igbo community katsina-ala
grounds of appeal
individual names
letter reference no. igbo
registered association
said chief s.s. ejikeme
amended notice of appeal
annual general meeting of the community
approval of the high court
behalf of all parties
broad view
chairman igbo community katsina-ala
chief s. s. ejikeme
date account of monies
due authorisation of the association
high court civil procedure rules
katsina-ala high court of benue state
leader of igbo community
leader of igbo community katsina-ala
mandate of the igbo community katsina-ala
president general
property rights
such persons
such suit
voluntary association edict

OGUNTADE, J.C.A. (Delivering the Leading Ruling): The respondents were the plaintiffs before the Katsina-Ala High Court of Benue State where they claimed against the appellants (as the defendants) for the following reliefs

"(a) A declaration that S.S. Ejikeme i.e. the 1st defendant is not the Chief and Leader of Igbo Community, Katsina-Ala.

(b) An order perpetually restraining the 2nd, 3rd and 4th defendants from imposing the 1st defendant on the plaintiffs and Igbo Community Katsina-Ala.

(c) An order commanding the 1st defendant to sign all the necessary handover documents including an up-to date account of monies collected during the 1st defendant's tenure of office and monies expended during his tenure of office and surrender the same to the plaintiffs and Igbo Community, Katsina-Ala.

The parties filed their pleadings after which the case was tried by Eko, J. The lower court delivered its judgment on 24/6/93. The lower court concluded the judgment in these words:

"The plaintiffs, …

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