ZIBIRI & ANOR
V.
AMUDAH

(2018) JELR 38855 (CA)

Court of Appeal · CA/B/68/2016 · 22 Jun 2018 · Nigeria

CORAM

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

section

appellants

counsel

executive council

respondent

case

chiefs law

issues

prescribed authority

traditional rulers

trial court

issue

village head of elele

traditional ruler

rem judicatam

ruling house

exhibit a

suit no. hau

sub-section

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 …

ZIBIRI & ANOR V. AMUDAH

ZIBIRI & ANOR
V.
AMUDAH