JEKPE & ANOR
V.
ALOKWE & ORS

(2001) JELR 44319 (SC)    

Supreme Court  ·  SC.111/1995 ·  6 Apr 2001 ·  Nigeria
 · 
Other Citations
Jekpe v. Alokwe (2001) 8 NWLR (Pt.715) 252 (2001) 4 S.C (Pt.1) 1
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court
case
appeal
plaintiffs
1st plaintiff
statement of claim
1st defendant
entire evidence
mr. erhabor
wrong approach
first issue
leading judgment
judgment of the lower court
learned justices of the court of appeal
court of appeal
cross-examination
judgment of this court
question of relief
said exhibit
sets of defendants
traditional rulers
1st respondent
4th respondents
above grounds of appeal
apa of okpekpe
appointment of the 1st defendant
clan head of okpekpe
cross-appeal lacks merit
customary law of okpekpe
customary title
definite issue
entire evidence of the parties
final address of mr. erhabor
following cases
following grounds of appeal
former bendel state
form of declarations
judgment of the court of trial
latter findings
learned justices
lmiekpe kindred of the plaintiffs
mogaji v.rabiatu odofin
reserved judgment
right thing
statement of defence
trial judge shield

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellants in this appeal were plaintiffs in Suit No. HAU/40/89 which originated in the Auchi Judicial Division of the High Court of the former Bendel State of Nigeria. The respondents herein were the defendants. There were three sets of defendants and each set filed a statement of defence. The 1st defendant who is the 1st respondent in this court stands alone. The second set is represented by the 2nd, 3rd and 4th respondents and the third set is represented by the 5th and 6th respondents.

In paragraph 63 of the further amended statement of claim, the plaintiffs claimed ten reliefs in the form of Declarations that the Apa of Okpekpe is the customary title of which the Clan Head of Okpekpe is known and addressed, that the lmiekpe kindred of the plaintiffs is the sole and exclusive ruling kindred in Okpekpe, that the 1st plaintiff is entitled to be recognised by the 2nd to the 4th defendants as the holder of the Chieftaincy title …

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