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IHEANACHO & ORS.
V.
CHIGERE & ORS.

(2004) JELR 46337 (SC)

Supreme Court 9 Jul 2004 Nigeria
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- The dispute centered on the customary headship (Diokwaraship) and custody of the "Ofo Diokwara" (traditional staff of authority) of Imeowere, Isu Njaba, Imo State, with both parties tracing descent from a common ancestor, Nwokedike, but p

Case Details

Suit Number:SC.151/2000
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Counsel:A. A. Kayode, SAN A. A. Adebiyi, Esq. For Appellant P. U. Nnodum, SAN For Respondent
Other Citations:Iheanacho v. Chigere (2004) 17 NWLR (Pt.901) 130 (2004) 19 NSCQR 177, (2004) JELR 56995 (SC)

ONU, J.S.C. (Delivering the Leading Judgment): In this case which has to do with family status and the custody of Ofo (traditional staff), the respondents were the plaintiffs at the High Court, Orlu, Imo State wherein they claimed certain reliefs relating to the headship ("Diokwara") of Imeowere, Isu Njaba in the then Nkwere/Isu Local Government Area of Imo State while the appellants were the defendants. After due trial upon the exchange of pleadings, the learned trial Judge Oyudo, J. entered judgment in favour of the respondents.

Dissatisfied with the judgment, the appellants appealed to the Court of Appeal, Port Harcourt (hereinafter in the rest of this judgment referred to as the court below) which dismissed their appeal. They have now further appealed to the Supreme Court with leave.

The facts of the case may be briefly stated as follows:

Both parties are from the Imeowerre section of Isu Njaba town in Nkwere/Isu Local Government Area of Imo State of Nigeria while the appellants …

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