(2014) JELR 40201 (CA)    

Court of Appeal  ·  CA/B/19/2006 ·  14 Feb 2014 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
onogie of ewu
lower court
1st defendant
throne of onogie of ewu
3rd respondents
bendel state legal notice no.70
inter alia
exhibit p
onojie of ewu
order of perpetual injunction
edo state government
eldest son
senior counsel
commencement date of 3rd july
custom of ewu people
native law
bendel state legal notice no.
edo state
record of appeal
respective parties
instant appeal
leave of court
legal notice no.1
throne of onojie of ewu
4th-6th respondents
brief of argument
burial ceremonies of the late onogie
cross appeals
ekpoma judicial division of the court
ewu succession
exhibits u
genesis of the present appeal
judgment of the high court of justice
leading judgment
learned presiding judge
legal effect
main appeal
names of counsel
oguigo vs. oguigo
order of court
purported 2nd
said suit
see order
single file descent
vis exhibit p

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the High Court of Justice, Edo State, Benin Judicial Division, which was delivered on February 11, 2005. By the Judgment in question, the lower court, coram the Hon. Justice F.S. Erhonsele, granted the 1st Respondent's (Plaintiff's) claim in part, and dismissed the Appellant's (Defendant's) counter claim.


The genesis of the present appeal is traceable to June 5, 2000. That was indeed the day the 1st Respondent instituted the suit (NO.HEK/32/2000), vide a writ of summons, in the court below against the Appellant/Cross-Respondent, the 2nd and 3rd Respondents, respectively, seeking some declaratory and injunctive reliefs. By paragraph 25 of the statement of claim thereof, dated and filed on June 5, 2000, the 1st Respondent (Plaintiff) sought against the Appellant, 2nd and 3rd Respondents, jointly and severally, the following reliefs:

(a) A declara…

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