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UWANDI & ORS
V.
EXECUTIVE GOVERNOR, DELTA STATE & ORS

(2019) JELR 111008 (CA)

Court of Appeal 7 Mar 2019 Nigeria
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- The Appellants, representing the Umu-Ozims family, initiated an action at the Delta State High Court (Asaba Division) seeking declaratory and injunctive reliefs as alleged kingmakers in Ubulu Uku. - The 3rd–7th Respondents filed a prelimi

Case Details

Suit Number:CA/B/149/2008
Judges:Chioma Egondu Nwosu-Iheme JCA Philomena Mbua Ekpe JCA Moore Aseimo Abraham Adumein JCA
Counsel:M. M. Nnamdi for the Appellants; J. Okoriko with him, Henry Obafemi for the 1st and 2nd Respondents.

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants (as Plaintiffs at the trial Court) commenced this action by a Writ of Summons claiming inter alia, that the Umu-Ozims as represented by the Appellants are the king makers and Supreme authority in the Political Constitution in Ubulu Uku. The Appellants claimed seven (7) reliefs as in reliefs (a) – (g) against the Respondents (as Defendants) see pages 2 to 3 of the Records. 

Upon being served with the Writ of Summons, the 3rd -7th Defendants (Respondents herein) filed a Notice of Preliminary objection filed on the 1st of November, 2006. By the said Notice of Preliminary objection, the Respondents challenged the competence of the Suit on the grounds that the lower Court lacked the jurisdiction to entertain the Suit by reason of the fact that the Appellants lack the locus standi to institute the action. (See pages 24 to 25 of the Records) 

The trial Court took arguments from parties and in a considered Rulin…

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