(2003) JELR 44813 (CA)    

Court of Appeal  ·  CA/B/141/98 ·  18 Aug 2003 ·  Nigeria
Other Citations
Nwadiajuebowe v. Nwawo [2004] 6 NWLR (Pt.869)435
Nwadiajuebowe v. Nwawo (2004) 6 NWLR (Pt. 869) 435
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
interlocutory injunction
court of appeal
3rd defendants
4th defendant
supreme court
writ of summons
determination of the suit
exhibit a2
1st defendant
customary law
6th defendants
injunctive orders
lower court
order of interlocutory injunction
delta state legal notice no.6
dr. c. y. o. adei
grant of the interlocutory injunction
grounds of appeal
suit no. a
traditional ruler of onicha-olona
way of affidavit evidence
5th respondent
acts of appointment
appointment of nze ogbe
asaba high court of delta state
cases of dibiamaka v
contention of counsel
final determination
following authorities
government white-paper
grading of the appellant
grant of an interlocutory injunction
kaduna state
obi of onicha-olona vis
obiship stool of onicha-olona
onicha-olona custom
particular time
pendency of this action
perpetual injunction
respective briefs of argument
said injunction
supreme court of nigeria
traditional council of the local government area

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the 4th defendant/appellant against the ruling of Hon. Justice M. C. U. Odita sitting in the Asaba High Court of Delta State in suit No. A/115/95. Therein, the plaintiffs claimed as follows in the writ of summons:

A. A declaration that Onicha-Olona is a chiefly society and the Obiship stool of Onicha-Olona vested in Ogbe-Obi based on rotational succession (by selection among the Royal Houses (Ebos) of Idumu Ogbele, Ugbe/Ikpase, Idumu lyi and Ozo-Alumona based on a democratic rulership showing structure and kindred that have, under Onicha-Olona customary law, remained intact and of consanguinary affinity.

B. A declaration that a hereditary system of primogeniture is alien to Onicha-Olona custom, culture and tradition.

C. A declaration that the Okpalabuisi system signifies gerontocracy which emerged from the development of the Ichi Nmo that produced Nkpalor class is an indicum of the criterion for the sele…

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