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YAKUBU
V.
AKOR & ORS

(2023) JELR 110505 (CA)

Court of Appeal 13 Jan 2023 Nigeria
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- The dispute concerned the Chieftaincy Stool of Ejeh of Ankpa, with the 1st Respondent successfully obtaining an interlocutory injunction from Ajayi, J., restraining the installation of the Appellant as Ejeh of Ankpa, pending the substanti

Case Details

Suit Number:CA/ABJ/CV/878/2022
Judges:Ugochukwu Anthony Ogakwu JCA Mohammed Mustapha JCA Bature Isah Gafai JCA
Counsel:J. S. Okutepa, Esq. SAN with him, Ikechukwu S. Nwachinemere, Esq. & Adanu Emmanuel Ogwiji, Esq. For the Appellant. P. D. Abaiaka, Esq. with him, A. Abdul, Esq. for the 1st Respondent. Ms. O. J. Etubi, Legal Officer, Ministry of Justice, Kogi State with him, Ms. Toyin Baiogun, Legal Officer for the 2nd-6th Respondents.

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The tussle in this matter is in respect of the Chieftaincy Stool of the Ejeh of Ankpa. The 1st Respondent, as Claimant before the High Court of Kogi State in SUIT NO. AHC/7/2021: MUSA ALHASSAN AKOR (for himself and on behalf of members of Oko, Ogbaje, Adokpa and Akeyi Ruling Houses of Enjema Traditional Ruling clan in Enjema District of Ankpa Local Government Area) vs. ABUBAKAR AHMED YAKUBU and ORS claimed sundry reliefs in respect of the said Chieftaincy Stool.

​While the action was pending, the 1st Respondent, quia timet, brought an application for, inter alia, an order restraining the defendants from installing the Appellant, 1st Defendant at the lower Court, as the Ejeh of Ankpa, pending the determination of the substantive suit. The lower Court granted the order as prayed. There was no appeal against the said order of interlocutory injunction, so it remained subsisting and binding, since none of the defendants exp…

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