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MOMODU & ORS.
V.
MOMOH & ANOR

(1991) JELR 43075 (SC)

Supreme Court 1 Feb 1991 Nigeria
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Case Details

Suit Number:SC.286/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Counsel:J .A. Abolagba For Appellant Chief Fola Akinrinsola (with him, K. Fadipe and Oyebiyi). For Respondent
Other Citations:Momodu v. Momoh (1991) 1 NWLR (Pt.169)608 (1991) 2 SCNJ 15 (1991) 2 S.C 1

M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs in the High Court of Bendel State, sitting at Auchi. They instituted an action against the respondents, as defendants, claiming as follows, as per paragraph 16 of their amended Statement of Claim-

"16. Whereof the plaintiffs claim against the defendants the following reliefs, that is to say-

(1) A Declaration that in accordance with the Iyekhei/Auchi Customary Law and Practice the first defendant, as the Traditional Ruler of the entire Auchi people, cannot solely on his volition depose, remove or suspend from office, the 1st plaintiff as the Daudu of Iyekhei village of Auchi without the combined recommendation, concurrence, approval or sanction of the Eldest man in Iyekhei village acting in conjunction or collaboration with each of the eldest man in the seven kindreds that constitute Iyekhei village of Auchi.

(2) A Declaration that the purported removal on the 6th day of November, 1983 of the 1st…

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