NTEOGWUILE
V.
OTUO

(2001) JELR 44336 (SC)    

Supreme Court  ·  SC.163/1996 ·  29 Jun 2001 ·  Nigeria
 · 
Other Citations
Nteogwuile v. Otuo (2001) 16 NWLR (Pt.738)58 (2001) 6 S.C 200
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
plaintiff
evidence
native law
learned trial judge
okan-ama of unyeada
old unyeada
trial court
court of appeal
otuo house
statement of claim
2nd defendant
royal family of unyeada
trial
trial judge
finding of fact
present incumbent
grounds of appeal
king of old unyeada
amended statement of claim
documentary evidence
king otuo ogbalakon
okan-ama stool
paramount chieftaincy stool of unyeada town
said stool
aspect of custom
leave of court
supreme court
claim of the plaintiff
decision of the court of appeal
leading judgment
present appellant
traditional drum
close of the case
court of first instance
custom of unyeada
decision of the trial court
defendant-chief brown brown
due trial
facts of this case
following declarations
king otuo
main contentions of the parties
order of court
otuo royal shrine
ref c90
summary of the facts of the case
various findings of the court

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff, now respondent originally sued one defendant-Chief Brown Brown, claiming a declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada town, that the plaintiff is the present incumbent on the said Stool, a declaration that the defendant's forcible installation of himself as the Okan-Ama of Unyeada on 12th January, 1980, with the aid of armed policemen is contrary to Unyeada native law and custom and is therefore null and void and perpetual injunction restraining the defendant from parading himself as the Okan-Ama of Unyeada. The present appellant applied to be joined as 2nd defendant. He was accordingly joined by order of court dated 28th July, 1980.

Pleadings were ordered, filed and exchanged. The claim was amended with an additional relief as follows:

"The plaintiff's claim against the defendants is for:

(i) A declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada to…

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