(2006) JELR 45743 (SC)    

Supreme Court  ·  SC.218/2001 ·  17 Feb 2006 ·  Nigeria
Other Citations
Ideozu v. Ochoma (2006) 4 NWLR (Pt.970) 364 (2006) 2 S.C (Pt II) 113 (2006) 2 S.C (Pt II) 113
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
court of appeal
interlocutory injunction
trial court
order of interlocutory injunction
appellate court
native law
exercise of discretion
lower court
writ of summons
discretion of the trial court
trial judge
title of nye-nwe-ele
judgment of the court
leading judgment
learned trial judge
purported certificate of conferment of the title
purported judgment
supreme court
completed act
nye-nwe-ele family of ahoada
order of permanent injunction
ruling of the trial court
substantive issue
above paragraphs of the respondents
amended writ of summons of the respondents
basis of the appellants application
case file
case of john holt
family of nye-nwe-ele
following reliefs
honourable court
insistence of the learned trial judge
misapprehension of fact
particular finding of fact of the trial court
plaintiffs applicants
ruling of the high court
said conferment
see john holt
statement of claim
submission of appellants
such further orders
suit no. ahc
trial court judge
umudele family of ahoada

OGUNTADE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the court below in which it allowed an appeal from the ruling of the High Court in suit No. AHC/22/91 which is still pending before the said High Court of Ahoada Judicial Division of Rivers State. The appellants were the plaintiffs. By their amended writ of summons issued on 3rd June, 1997 against the respondents (as defendants), they claimed the following reliefs:

"1. A declaration that by Ekpeye native law and custom the Umudele Family of Ahoada is the head/founding family of Nye-Nwe-Ele (landlord) of Ahoada.

2. A declaration that the Umudele family by virtue of its status as the Nye-Nwe-Ele family of Ahoada has the exclusive and sacred custody of the main Owor-Ele-Ehuda.

3. A declaration that under Ekpeye native law and custom of inheritance, it is only members of the Umudele family being the head/founding family of Ahoada that can bear the title of Nye-Nwe-Ele or landlord/traditional ruler…

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