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UTIH & ORS.
V.
ONOYIVWE & ORS.

(1991) JELR 43050 (SC)

Supreme Court 11 Jan 1991 Nigeria
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- The case revolves around a dispute over the "Ovie of Evwreni" Chieftaincy title in Evwreni town, Ughelli Local Government area of Bendel State. - The main issues were whether the Court had jurisdiction to make the declarations sought and

Case Details

Suit Number:SC.160/1988
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Counsel:C.O. Scott-Emuakpor (with him, I. A. Scott-Emuakpor and M.O. Diejomaoh) For Appellant Professor A.B. Kasunmu, S.A.N. (with him, P.E. Ohimor) For Respondent
Other Citations:Utih v. Onoyivwe (1991) 1 NWLR (Pt.166) 166 (1991) 1 SCNJ 25 (1991) 1 S.C (Pt 1) 61

M. BELLO, CJN (Delivering the Leading Judgment): The dispute in this case on appeal was deep rooted in the politics of the "Ovie of Evwreni" Chieftaincy title in Evwreni town in the Ughelli Local Government area of Bendel State and the Clan Headship of the town. Although the main issues for determination in the dispute, to wit whether the Court had jurisdiction to make the declarations sought and whether the evidence adduced warranted making the declarations, might appear to be straight-forward, the matter had been made complicated by copious and verbose pleadings filed by the parties and over-production of documentary evidence, namely - Exhibits A, B-B6, C-C19, D-D2, E to V, W-W1, X to Z and 1 to 2 most of which went to no issue.

For the proper appreciation of the issues, it is necessary to set out fully the Plaintiffs' case as pleaded in their Amended Statement of Claim. After having set out the traditional history of Evwreni from the migration of its peoples from Elele to their fou…

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