(2018) JELR 38855 (CA)    

Court of Appeal  ·  CA/B/68/2016 ·  22 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
executive council
chiefs law
prescribed authority
traditional rulers
trial court
village head of elele
traditional ruler
rem judicatam
ruling house
exhibit a
suit no. hau
2nd defendant
learned counsel
learned trial judge
chief law
different case
1st defendant
approval of the appointment
chieftaincy titles
issue of the ruling house
respondents claim
case of the claimant
custom of elele
executive council of edo state
exercise of his power
high court of edo state
right person
true construction of section
conferment of a chieftaincy title
customary law of elele
deposition of a traditional ruler
edo north traditional rulers committee
following relief
further amended statement of claim
leading judgment
provisions of the traditional rulers
purported withdrawal of recognition
recognized village head of elele
said judgment
such conferment
suo motu remove respondent
support of his argument

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondent was the claimant in Suit No. HAU/2/2008 instituted in the High Court of Edo State, Auchi Judicial Division, holden at Auchi. In his further amended statement of claim, the respondent claimed the following relief against the appellants, who were the defendants in the trial Court:

(i) A declaration that the plaintiff is the recognized village head of Elele and that he cannot be removed from office by 2nd defendant until his death except in accordance with the custom of Elele and the Traditional Rulers and Chiefs law 1979 as amended.

(ii) A declaration that any purported withdrawal of recognition accorded the plaintiff as village head of Elele by the 2nd defendant is contrary to the custom of Elele and/or the traditional Rulers and Chief Law 1979 and in breach of plaintiffs right to fair hearing and therefore null, void and of no effect.

(iii) A declaration that any purported withdrawal of the plaintiffs …

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