(2018) JELR 39047 (CA)    

Court of Appeal  ·  CA/MK/18/2016 ·  25 Jan 2018 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
exhibit a1
record of appeal
1st defendant
cause of action
kindred head of mbahwabo
trial court
cross examination
igber ityough yough
learned trial judge
stay of execution
kindred headship
laws of benue state
5th defendant
order of court
benue state high court
selection panel
suit no. mhc
chief igber tyough yough
decision of the lower court
1st son
2nd son
3rd defendant
claims of the respondents
exhibit a3
judgment of the trial court
law of many public duty
mbahwabo kindred
mbayuhe components
5th respondents
6th defendant
agency holds
ascension of igber ityough yough
component of the said mbayuhe component
considered judgment
first kindred head of mbahwabo kindred
instrumentality of a letter
judgment of the high court of benue state
leading judgment
local government area of benue state
mbahwabo kindred of gwer west
said igber ityough yough
said suit
selection of the appellant
virtue of section
virtue of the provisions of section

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State sitting at Makurdi delivered on June 30, 2014 in Suit No. MHC/169/2012 by M. A. Ikpambese, J. in which the claims of the Respondents who were plaintiffs before the lower Court were granted.

The facts leading to this appeal as presented by the Appellant are as follows: The Respondents as plaintiffs commenced action at the lower Court in Suit No. MHC/169/2012 against the Appellant and six others. The Appellant was the 1st defendant in the said suit. The Appellant and the Respondents are all from Mbahwabo kindred of Gwer West Local Government Area of Benue State. The Mbahwabo kindred is made up of two components: the Mbakyongo and the Mbayuhe components. The kindred headship rotates among these two components. The two components are further divided into sub components. The Mbakyongo component is divided into two sub components (sons): Mbagbadu (1st Son) an…

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