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NWAIWU & ORS
V.
GOV. IMO STATE & ORS

(2013) JELR 35817 (CA)

Court of Appeal 1 Mar 2013 Nigeria
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- The plaintiffs/appellants sought declaratory and injunctive reliefs regarding the right to select, appoint, and present the Eze (traditional ruler) of Umuihi Autonomous Community, as well as challenging the qualification of the 4th defend

Case Details

Suit Number:CA/PH/64/2005
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Counsel:O.J Irerhime, Esq. For Appellant S. A Njoku, Esq. (H.A.G; Imo State) with E.C. Aguta (Mrs); C.A. Sunday Iheme (Miss) and O. A. Ikonne; Esq. for the 1st & 2nd RespondentsE.C. Onumajuru; Esq. (J.R.O Egole; Esq. with him) for the 3rd & 4th Respondents For Respondent

HARUNA SIMON TSAMMANI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of I.O. Agugua; J of the Imo State High Court sitting at Etiti delivered on the 22nd day of March, 2004 wherein the Learned trial Judge struck out the Plaintiff/Appellants' statement of claim and consequently, dismissed the Suit in HME/17/2002 as being incompetent.

The Appellants' claim as Plaintiffs before the lower court as stated in paragraph 35 of the statement of claim (pages 122-123 of the records) are as follows:

"35. Whereof the Plaintiffs claim against the Defendants jointly and severally as follows:

1. A declaration that the members of Umuihi King makers/ Cabinet are entitled to Identify, elect, select, appoint, install, and present the Eze of Umuihi Autonomous Community and/or to put in motion machinery for identification, election, selection, installation and presentation of the Eze of Umuihi Autonomous Community to the third Defendant.

(b) A declaration that the 1st to 4…

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