(2016) JELR 46468 (CA)    

Court of Appeal  ·  CA/C/358/2013 ·  1 Jul 2016 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
5th respondents
learned trial judge
record of appeal
court of competent jurisdiction
subject matter
supreme court
suit no. iai
1st defendant
autonomous community
clan heads
final judgment
order of perpetual injunction
ruling of the high court of cross river state
trial court
ugep judicial division
aggregate of facts
authority of the 1st claimant
case of the appellants
kaboli clan of idomi
lower court
necessary vires
plea of res judicata
statement of defence
village community
clans creation law
decision of the lower court
distinct village
following issues
integral part of kekowa village
itu agoi district court
kekowa ii
leading judgment
legal proceedings
natives of epono community
people of kekowa
respondents of the appellants
rhein mass und see v
said epono village
statement of claim of the appellants
statutory approval of epono
time limit
today 10th day of june
village heads of kaboli
virtue of judgment of the district court
virtue of the limitation law cap

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is brought against the ruling of the High Court of Cross River State of Nigeria, Ugep Judicial Division, Ugep, presided over by Honourable Justice Effiom Eyo Ita delivered on July 8, 2013, wherein the case of the Appellants was dismissed.

The Appellants are Clan and village Heads of Kaboli, Okorn, Kekowa, Kekowa II, Kobu, Okatum, Likpankol, Ekpen, Yitamitan and Osedom respectively of Kekowa, Idomi, Yakurr Local Government Area of Cross River State, Nigeria. The 1st 5th Respondents are all natives of Epono Community or Village in Kaboli Clan of Idomi in Yakurr Local Government Area of Cross River State. Until Epono was recognized as a distinct Village by the Cross River State Clans Creation Law of 1996, it was an integral part of Kekowa Village or Community. with the passage of the said 1996 Clans Creation Law, Kekowa and Epono became distinct Villages. Despite that statutory approval of Epono as a village, the p…

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