EMEZI
V.
OSUAGWU & ORS

(2005) JELR 45227 (SC)    

Supreme Court  ·  SC.251/2000 ·  25 Feb 2005 ·  Nigeria
 · 
Other Citations
Emezi v. Osuagwu (2005) 12 NWLR (Pt.939)340
Emezi v. Osuagwu (2005) 12 NWLR (Pt. 939) 340
CORAM
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC SUNDAY AKINOLA AKINTAN JSC (Read the Lead Judgment)
Core Terms Beta
plaintiff
locus standi
trial court
1st respondent
awaka autonomous community
originating summons
3rd defendant
direct personal interest
lower court
inter alia
support of the originating summons
1st defendant
local government area of imo state
subject matter of this suit
2nd defendants
chieftaincy matter
villages of ndegbelu
3rd april
eze stool of awaka autonomous community
imo state
leading judgment
respect of the ezeship constitution of awaka autonomous community
suit no.
traditional ruler of awaka
umuodu village of awaka autonomous community
8-paragraph counter-affidavit
akujobi david osuagwu of umuodu awaka
appellant lack
court of appeal
details of his claim
determination of the following questions
ezeship stool of the awaka autonomous community
imo state law no.
issue of successor
judgment of the court of appeal
local government
lower court right
native of awaka autonomous community owerri
owerri high court
paragraph affidavit
paragraphs of the affidavit
plaintiff relief
present appellant
present case
relevant provisions of the said section
service of this summons
similar issues
support of his claim
traditional ruler of the said community
villages of ndegbele

AKINTAN, J.S.C. (Delivering the Leading Judgment): The present appellant, as plaintiff, instituted this action at Owerri High Court as suit No. HOW/53/96 against the respondents, as defendants. The action was commenced by originating summons in which a number of declarations were sought from the court in respect of the Ezeship Constitution of Awaka Autonomous Community in Imo State. The details of his claim are as follows:-

"Let (1) The Military Administrator of Imo State Government House, Owerri, (2) The Attorney-General oflmo State of Ministry of Justice Headquarters, Owerri and (3) Akujobi David Osuagwu of Umuodu Awaka in the Owerri Judicial Division within eight days after service of this summons on him including the day of such service cause appearance to be entered for him to this summons which is issued upon the application of Herbert Ohuwuna Emezi a native of Awaka Autonomous Community Owerri and who is claiming a right to be recognised as the traditional ruler of the said co…

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