OKONJO
V.
NWAUKONI

(2018) JELR 38878 (CA)    

Court of Appeal  ·  CA/B/203/2016 ·  26 Jun 2018 ·  Nigeria
CORAM
SAMUEL CHUKWUDUMEBI OSEJI 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
respondent
supreme court
appeal
1st defendant
statement of claim
trial court
3rd defendant
delta state
1st defendants name
suit no. o
2nd defendant
iyase of ogwashi-uku kingdom
determination of the appeal
ogwashi-uku
substantive iyase of ogwashi-uku kingdom
2nd defendants
learned trial judge
official gazette of delta government
pending appeal
points of law
register of recognised chiefs
counter claim
learned counsel
favour of any party
high court of delta state
honourable court lacks jurisdiction
judgment of the lower court
native law
official gazette of delta state
official gazette of the delta state government
supreme court of the federal republic of nigeria
validation of the installation of the claimant
validity of the claimant
appeal no. b
decision of the apex court
entering of the 1st defendant name
flagrant breach of the rule of law
following issues
following relief
independent national electoral commission
leading judgment
notice of preliminary objection
order of the honourable court
order of this honourable court
order of this honourble court
respondents counter claim
said suit
trial courts grant of the reliefs
trial of the suit
trial of this suit

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd defendant in Suit No. O/11/2015 instituted by the respondent in the High Court of Delta State, Ogwashi-Uku Judicial Division, holden at Ogwashi-Uku. In the said suit, the respondent claimed in paragraph 29 of his statement of claim the following relief:

a. A declaration that any registration/purported listing of the 1st defendants name in the register of Recognised Chiefs of Delta State Government and/or Official Gazette of Delta Government is null, void and of no effect, there being a pending appeal at the Supreme Court on who is the legally installed Iyase of Ogwashi-Uku Kingdom which has not been determined in favour of any party.

b. A declaration that the entering of the 1st defendant name as the Iyase of Ogwashi-Uku Kingdom in the register of Recognised Chiefs in Delta State and/or Official Gazette of Delta State by the 3rd Defendant is preemptive, null, void and of no effect the appea…

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