Customer Support

MBANEFO
V.
MOLOKWU & ORS

(2014) JELR 40256 (SC)

Supreme Court 14 Feb 2014 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Appellant, a member of the Agbalanze Society of Onitsha (Ozo title holders), was excluded from participating in the group's ceremonies following resolutions by his kindred and the Onitsha indigenous community—endorsed by the Obi-In-Co

Case Details

Suit Number:SC.238/2008
Judges:JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Counsel:Chudi Obieze,Udoka Ekwealo(Mrs.) Sylvester N. Odili,Kingsley Nnajiaka, Onome Okorodudu For Appellant Ben Osaka, I. Ogbogu For Respondent

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant as Plaintiff in Suit No. 0/1/2005 in the High Court of Anambra State sitting in Ihiala sued the Respondents as Defendants. That High Court per Anigbogu J dismissed the suit as lacking in merit. Dissatisfied with the decision, the Appellant appealed to the Court of Appeal, Enugu Division which on the 8th July, 2008 after a full hearing dismissed the appeal hence the appeal before the Supreme Court.

FACTS RELEVANT TO THE APPEAL:

The Appellant as Plaintiff had claimed as follows in the

Statement of Claim:-

"a) A declaration that the Defendants do not have the authority and power to stop the Plaintiff from participating in Ozo Title ceremonies and from enjoying his rights and privileges as an Ozo titled man at every Ozo title ceremony so long as he is not in breach of any Ozo rules and the Agbalanze Onitsha Constitution.

b) An order restraining the Defendants, their agents, privies, workmen and assigns whether b…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.