(2018) JELR 38869 (CA)    

Court of Appeal  ·  CA/B/109/2009 ·  14 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondents
public officers protection law
cause of action
preliminary objection
public officers
public officer
learned trial judge
special defence
statute of limitation
semblance of legal justification
3rd defendant
appellants case
lead judgment
order of this court
provision of section
1st son of obi ochei
2nd respondents
amended statement of claim
attorney general
definite date
delta state
leading judgment
onnoghen jsc
respondents case
said answer
second defendants
2nd defendant
2nd respondent
appellants counsels objection
appointment of the first defendant
claim of the plaintiff
conclusion of trial
delta state government
exchange of briefs of argument
following reliefs
given case
high court
judgment of high court of justice
notice of appeal
para b-d
pending notice of preliminary objection
preponderance of credible evidence
present appellant prince david ochei
rightful obi of ugbodu kingdom
said prince david ochei
summary of the fact of the case
supreme court decision
v. gbadebo

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Justice, Delta State, sitting in Agbor, and delivered on the 26th day of May 1989 coram, Hon. Justice A. N.E. Gbemudu in suit No: A/3/84. At the conclusion of trial, the learned trial Judge in his considered judgment dismissed the claim of the Plaintiff in its entirety. The Appellant was not satisfied with the outcome of the judgment hence this appeal.

The summary of the fact of the case is that the original Plaintiff Prince Godfrey Iweany Ochei (now deceased) and substituted with the present Appellant Prince David Ochei, the deceased eldest son by the order of this Court granted on the 21/1/2010 is that after the demise of his father, Obi Ochei of Ugbodu Kingdom of Delta State, he as the eldest son was to ascend the throne. But being a minor then a regent was appointed. But to his dismay, the Delta State Government by its publication vide Bendel State of Nigeria…

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