(1998) JELR 45691 (CA)    

Court of Appeal  ·  CA/PH/200/94 ·  30 Nov 1998 ·  Nigeria
Other Citations
Nwamara v. Okeahialam (1999) 1 NWLR (Pt. 588) 590
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court
1st respondent
2nd respondents
statement of claim
law no.
learned trial judge
writ of summons
representative capacity
traditional rulers
constitution of the community
provisions of section
2nd respondent
autonomous communities law no.
inter alia
jurisdiction of the court
onicha si
onicha town union
relevant provisions
2nd plaintiffs
alleged defect
autonomous communities
behalf of the onicha town union
capital offence
claim of an infringement of the rules
contravention of section
decided cases
deputy governor of imo state
eze j.h. onyenebo
governor of the state
local government area
members of the ndi nze council
natural justice
order of court
present case
present suit
representative capacity of the said 1st
responsibility of the ndi eze onicha
said motion
said reliefs
strength of the said notice of motion
such traditional ruler
trial court
unregistered association

UWAIFO, J.C.A.: (Delivering the Leading Judgment): The plaintiffs (now appellants) commenced this action at the High Court. Owerri by writ of summons on 4 November, 1993. In it, as also contained in the statement of claim they subsequently filed on 30 November, 1993, they sought four reliefs against the defendants (now respondents). I shall henceforth refer to the parties as appellants and respondents as appropriate.

The first relief seeks a declaration that the recognition given to the 1st respondent (Chief I.U. Okeahialam) as the Traditional Ruler of Onicha Amairi Autonomous Community in Ezinihitte Local Government Area was obtained by fraud and therefore illegal and a nullity being contrary to the relevant provisions of the (Traditional Rulers and Autonomous Communities) Law. The second relief seeks an order of court nullifying that recognition. Third and fourth reliefs ask for injunctive orders restraining the respondents from holding out the 1st respondent as such Traditional Ru…

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