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OGIUGO
V.
OGIUGO

(1999) JELR 41278 (SC)

Supreme Court 17 Dec 1999 Nigeria
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- The dispute concerned succession to the Enogie of Ugo-Niyeke Ikpoba (Ugoneki), Bendel State, after the death of the last Enogie, Obamwonyi, in 1978, who left no male child or brother; only three uncles (including the plaintiff and defenda

Case Details

Suit Number:SC.105/1994
Judges:SALIHU MODIBBO ALFA BELGORE JSC EMMANUEL OBIOMA OGWUEGBU JSC ALOYSIUS IYORGYER KATSINA-ALU JSC OKAY ACHIKE JSC UMARU ATU KALGO JSC
Counsel:Dr. Mudiaga Odje, SAN (with him, A. Akpomudge, Esq.) For the Appellant. S. Eghobamien, Esq For the Respondent.
Other Citations:Ogiugo v. Ogiugo (1999) 14 NWLR (Pt. 638) 283 (1999) 12 S.C (Pt II) 178, (1999) 14 NWLR (Pt. 638) 283

E. O. OGWUEGBU, J.S.C (Delivering the Leading Judgment): The original parties to the proceedings were Prince Ikponminwingie Emuze Ogiugo as plaintiff and Prince Orhue Emuze Ogiugo as defendant. The plaintiff's claim against the defendant in the Orhionmwon Area Customary Court holden at Abudu in the former Bendel State of Nigeria is for:-

"(1) A declaration that the defendant is not the Enogie of Ugo-Niyeke Ikpoba Orhionmwon Local Government Area within the jurisdiction of this Honourable Court.

(2) A declaration that the plaintiff and not the defendant is the person entitled to (sic)be installed as the Enogie of Ugo-Niyeke Ikpoba Orhionmwon Local Government Area, Bendel Stale.

(3) A declaration that the plaintiff having performed the burial ceremony of his late Enogie and other traditional rites, should be installed the Enogie of Ugo-Niyeke Ikpoba (Ugoneki) according to Bini Native Law and Custom applicable at Ugo-Niyeke.

(4) An injunction restraining the defendant from parading him…

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