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IKHARO & 3 ORS
V.
ATTORNEY-GENERAL & 7 ORS

(2026) JELR 114882 (CA)

Court of Appeal 13 Feb 2026 Nigeria
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- The Appellants challenged the validity of Bendel State Legal Notice No. 133 of 1979, which regulates succession to the Otaru of Auchi Chieftaincy stool, on the ground that it is inconsistent with Sections 3(2)(3) & 14(1)(c) of the Traditi

Case Details

Suit Number:CA/B/122/2023
Judges:Yusuf Alhaji Bashir, JCA Lateef Adebayo Ganiyu, JCA Asmau Ojuolape Akanbi, JCA
Counsel:Ibraheem Muhammed, Esq., with him, S. Muhammed, Esq., and Uwa Okoh, Esq. For the Appellant. Dr. S. Eraze, Esq., with him, J.U. Osemwegie, Esq. (PSC) for the 1st and 2nd Respondents. T. O. Umoru, Esq., holds the Brief of M.S. Umar, Esq. for the 3rd - 7th Respondents. Dr. Daud Momodu for the 8th Respondent.
Location:Benin

LATEEF ADEBAYO GANIYU, J.C.A.: (DELIVERING THE LEADING JUDGMENT): This appeal emanated from the judgment of Edo State High Court of Justice, Holden in Benin City delivered on Monday the 8th day of May, 2023 Coram: D. I. Okungbowa J (hereinafter called the “TRIAL COURT”) which is contained at pages 1093-1107 of the record wherein the trial Court dismissed the Claimants' (i.e. the Appellants in the instant appeal) claim on the ground that same is statute barred. 

Miffed by the said decision of the trial Court, the Appellants lodged an appeal vide their Notice of Appeal filed on 19/6/2023, which is reproduced at page 1111-1116 of the record, setting out eight grounds of appeal which, without their particulars, run as follows: 

“GROUND 1: 

The learned trial Judge erred in law when he relied on the case of THE SECRETARY LOCAL GOVERNMENT V. OYINLOYE (2020) LPELR 50208 CA in holding at page 12 that; "In the circumstances and on the authority of the Court of Appeal case cited above, this Court i…

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