ELUGBE
V.
OMOKHAFE & ORS.

(2004) JELR 44002 (SC)    

Supreme Court  ·  SC.285/2001 ·  10 Dec 2004 ·  Nigeria
 · 
Other Citations
Elugbe v. Omokhafe (2004) 18 NWLR (Pt.905)319
CORAM
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC
Core Terms Beta
appeal
4th defendant
suit
plaintiffs
decree no.
order
court of appeal
jurisdiction
respondents
decree no.1
3rd defendants
high court
court of appeal rules
decision of the court
issue of ouster of jurisdiction
lower court
customary law
trial judge
1st plaintiff
honourable court
judgment of the court
katsina-alu
leading judgment
lower court jurisdiction
preliminary objection
such issues
trial of this suit
view of section
afuze high court of edo state
court of trial
court proceedings
court raise
death of an ovie
determination of the issues
earliest opportunity
inter alia
learned chief legal officer
learned counsel
learned justices of the court of appeal
members of otuo clan community
otuo ekheheghaki age-group
otuo igbogbe chieftaincy festival appointments
ouster of the jurisdiction of the court
purported recommendation of appointment of the 4th defendant
reason of the matters
such aspects of the proceedings
traditional chiefs
traditional ruler of the ovie
unexpired term of the late ovie

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiffs had brought their suit at the Afuze High Court of Edo State as the representatives "of Otuo Ekheheghaki Age-group and members of Otuo clan community except the 4th defendant and his supporters" claiming against the four respondents (herein-after referred to as the defendants) the following reliefs:

1. A declaration that on the death of an Ovie (Ororoso) of Otuo before the expiration of his ten years tenure, no vacancy is created but his immediate deputy who is the second Enriyheha, traditional chiefs automatically ascends the throne for the unexpired term of the late Ovie (Ororoso) in accordance with Otuo customary law regulating succession to the traditional ruler of the Ovie (Ororoso) of Otuo.

2. A declaration that on the 19th December, 1994, Otuo Igbogbe Chieftaincy Festival appointments of the then incoming Otuo traditional ruler chiefs, the 1st plaintiff was appointed as the second Enriyheha traditional chief …

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