(1997) JELR 45373 (CA)    

Court of Appeal  ·  CA/B/93/95 ·  24 Apr 1997 ·  Nigeria
Other Citations
Etaluku v. A.G., Delta State (1997) 8 NWLR (Pt.516)
Etaluku v. A.G., Delta State (1997) 8 NWLR (Pt. 516) 308
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
inter alia
lower court
4th defendant
otota ologbo
rutherford agege
3rd defendant
traditional rulers
chief judge of the state
decree no.
support of the motion
2nd defendants
4th respondent
amended statement of claim
chief judge
chiefs edict
delta state
director general
provisions of section
transfer of the case
trial judge
decree no.12
directorate of local government
learned chief judge
provisions of the said decree
13-paragraph counter-affidavit
14-paragraph affidavit
1st ruling of the court
act of the government
appointment of otota of igbide
attention of the learned trial judge
cause of action
chief william odie
confirmation of such withdrawal of otota
honourable court lacks jurisdiction
injunctive order
letter no. chc
native law
number of exhibits
oleh high court
order of injunction
respect of chieftaincy tussle
result of the wrongful acts
said letter
said mr. okpoko
truth of his facts
usages of unuame community of igbide
view of the development

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from two rulings delivered by Ogbodu J., sitting at Oleh High Court in Delta State on 22/5/95. The claim before the court was in respect of chieftaincy tussle between the appellant who was the plaintiff in the lower court and the 4th respondent.

Pleadings had been completed at the lower court. According to paragraph 32 of the Amended Statement of Claim, the claim is as follows:-

"1. A DECLARATION that in accordance with the age long tradition, native law, custom and usages of Unuame Community of Igbide the selection and appointment of Otota of Igbide (Otota Ologbo) is done by Unuame community of Igbide Clan.

2. A DECLARATION that the purported withdrawal and/or confirmation of such withdrawal of Otota of Igbide (Otota Ologbo) from the plaintiff by the Directorate of Local Government and Chieftaincy Affairs, Delta State and the purported cancellation of Certificate of Registration No. TC/LS/89/42 issued to the plainti…

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