ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC SYLVESTER UMARU ONU, JSC SAMSON ODEMWINGIE UWAIFO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC (Read the Lead Judgment)
Core Terms Beta
suit no. uhc
writ of summons
abuse of the process of the court
court of appeal
custom of the uwherun clan
chief a.o. akpedeye
jurisdiction of this honourable court
learned trial judge
local government area of bendel state
provisions of section
statement of claim
subsequent gazetting of the 1st defendant
bendel state legal notice no.
chief hivite egoh
senior odion uwherun
affidavit of the appellants
appeal of the respondents
argument of counsel
chief edison obrutse
counter-affidavit of the parties
date of the cause of action
decision of the high court
inherent jurisdiction of the court
laws of bendel state
limitation law of the bendel state of nigeria
provisions of the registered chieftaincy declaration
respect of this matter
result of the appeal of the respondents
such manifest intention
support of their motion
A.O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal emanated from the Court of Appeal (Benin Division) where the appeal of the Respondents was upheld. This was as a result of the appeal of the Respondents to that Court against the decision of the High Court in suit No. UHC/9/88. In that suit, the respondents had by their writ of summons claimed for the following reliefs:-
"(1) A declaration that in accordance with the tradition, native law and custom of the Uwherun Clan, Ughelli Local Government Area of Bendel State, within the jurisdiction of this Honourable Court, the Senior Odion Uwherun is appointed from EROVIE Quarter and EROVIE only, and is not subject to rotation among the five quarters which make up Uwherun.
(2)A declaration that EROVIE Quarter is the only Ruling House in Uwherun Clan.
(3) A declaration that the purported appointment and subsequent gazetting of the 1st defendant from Ehere Quarter as the Senior Odion of Uwherun is contrary to Uwherun native la…
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