(1997) JELR 45448 (CA)    

Court of Appeal  ·  CA/PH/53/92 ·  15 Apr 1997 ·  Nigeria
Other Citations
Iyabi-Ayah v. Ayah (1997) 10 NWLR (Pt.523)
Iyabi-Ayah v. Ayah (1997) 10 NWLR (Pt. 523) 141
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
learned trial judge
1st defendant
constitution of the federal republic of nigeria
grounds of appeal
high court
chieftaincy question
statement of claim
chieftaincy matter
leading judgment
1st plaintiff
writ of summons
head of ayah house of ewoama
first plaintiff
lower court
statement of claim show
16th defendants
burial ceremony
complete agreement
deposition of the 1st appellant
notice of appeal
traditional role
trial court
2nd appellants
above quoted finding vis
acts of the defendants
attorney general lagos state v
dominion flour mills ltd.
factual situations
following terms
high court of rivers state of nigeria
high court rules of rivers state
individual contributions
later acts
madam beregha pogo of ogboro family
madam ogori
members of the ayah house
native law of nembe
preliminary issue of law
second issue
see adeyemi v
suit no. dhc
support of the rest of the appellants
view of the learned trial judge

ROWLAND, J.C.A. (Delivering the Leading Judgment): In the High Court of Rivers State of Nigeria, holden at Degema and in Suit No. DHC/25/88, the plaintiffs took out a writ in the following terms:-

"(1) A declaration that the 1st defendant ceased to be the Chief and Head of Ayah House of Ewoama and Okpoma since he was dethroned by the members of the Ayah House in 1974 and therefore his parading and holding himself out as the Chief and Head of Ayah House of Ewoama and Okpoma is unconstitutional and contrary to the custom and native law of Nembe.

(2) N50,000.00 damages from the 2nd - 16th defendants for recognizing and encouraging the 1st defendant as the Chief and Head of Ayah House and from the 1st defendant in parading himself as Chief Ayah, and embarrassing and humiliating the 1st plaintiff and the Ayah House of Ewoama and Okpoma.

(3) Perpetual Injunction restraining the 1st defendant from parading, arrogating and holding himself out or performing the functions of the Chief and Head …

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