(2003) JELR 44781 (SC)    

Supreme Court  ·  SC.193/97 ·  12 Dec 2003 ·  Nigeria
Other Citations
OGOLO v. OGOLO (2003) 18 NWLR (PT.852)494 (2003) 12 S.C (PT.I)56
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
war canoe houses
chief of ogolo main house
1st plaintiff
court of appeal
learned trial judge
lower court
10th defendant
customary law
applicable customary law
issue no.
ogolo main house
amended statement of claim
order of retrial
specific findings of fact
installation of the 1st plaintiff
trial judge
specific finding
learned justices of the court
suit no. bhc
decision of the court of appeal
unanimous decision
chief raymond d. ogolo
distinct issue
high court
mock installation of the 10th defendant
native law
said installation
substantial specific findings of fact
discredit others
ground of appeal
high court of bori
incumbent chief of ogolo main house
installation of a successor
judgment of the court of appeal port harcourt
leading judgment
main ogolo house of opobo town
members of the diepiri section of opobo town
nullification of the installation of the 10th defendant
palace of ogolo main house
plaintiff fails
present appeal
recognition of the 1st plaintiff
responsibilities of the committee
role of the distinct war canoe houses
stool of opobo main house

D. O. EDOZIE, J.S.C. (Delivering the Leading Judgment): This appeal emanating from the judgment of the Court of Appeal Port Harcourt delivered on 15th April, 1997, arose from a chieftaincy dispute relating to the stool of Opobo Main House or Main Ogolo House of Opobo Town in Opobo Nkoro Local Government Area of Rivers State. Both parties are members of the Diepiri section of Opobo town within the ancient conglomerate of Opobo kingdom. The Diepiri section is made up of six War Canoe Houses, the head of which is the Ogolo Main House.

By tradition from time immemorial the Chief of Ogolo Main House is the traditional Head of the Diepiri section. With the dimise in 1981 of the then incumbent Chief of Ogolo Main House, Chief Raymond D. Ogolo, the chieftaincy stool became vacant and it was in the process of the selection and installation of a successor that dispute erupted.

The plaintiffs/respondents' case is that the 1st plaintiff/respondent was in accordance with native law and custom vali…

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