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IYABI - AYAH & ORS.
V.
AYAH & ORS.

(1997) JELR 45448 (CA)

Court of Appeal 15 Apr 1997 Nigeria
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Case Details

Suit Number:CA/PH/53/92
Judges: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
Counsel:H. Senibo For Appellant E.B. Ukiri For Respondent
Other Citations:Iyabi-Ayah v. Ayah (1997) 10 NWLR (Pt.523)

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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