MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal sitting in the Benin Division of the court which judgment was delivered on the 11th of April, 2003.
The appeal to the Court of Appeal Benin was from a ruling of the High Court of Delta holden at Otu-Jeremi which suit was in respect respect of a dispute arising from successorship to the Kingship stool of Ovie of Ewu (or Eghwu) a community in Ughelli South Local Government Area of Delta state. Both the Defendant/Appellant and Plaintiff/Respondent came from the Ruling House (Okpor Ruling House) whose turn it is to produce the King of Ewu Kingdom.
For clarity, I shall recast the Plaintiff's Statement of claim at the trial High court specifically the claim in paragraph 29 thereof:-
1. A declaration that the 1st Defendant was never appointed as the Ovie of Ewu or Ovie-elect of Ewu within the jurisdiction of this Honourable Court.
2. A declaration that the 1st Defenda…