(2004) JELR 46337 (SC)    

Supreme Court  ·  SC.151/2000 ·  9 Jul 2004 ·  Nigeria
Other Citations
Iheanacho v. Chigere (2004) 17 NWLR (Pt.901) 130 (2004) 19 NSCQR 177
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
Core Terms Beta
learned trial judge
court of appeal
high court
ofo diokwara
custody of ofo
leading judgment
6th defendant
said ofo
traditional staff
isu njaba
live issue
lower court
said symbols
uzoma amaechi
custody of forebears of the 6th defendant
custom holds ofo diokwara
evidence of dw
evidence of pw
facts of the case
favour of the respondents
finding of the trial court
incumbent head
said principle
specific finding
supreme court
case of the respondent
copious evidence
council of the eze
custody of the ofo diokwara imeowere
due trial
findings of the trial court
following issues call
g-h. see
imo state
issue of headship of ozo title
judgment of the trial court
learned trial judge oyudo
own lineage of diokwara
present 6th appellant
presentation of the facts of traditional history
process take
sets of tradition
symbol of office title
traditional symbol of authority of the diokwara imeowere
umudim amafuin imeowere

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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