Sir Uriah Umeh V. Chief Francis Nwokedi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This appeal was filed by Appellant against the judgment of Imo State High Court, in Suit No. HOR/120/2008, delivered on 25/11/2013 by Hon. Justice Ononeze ? Madu, wherein his Lordship granted the reliefs sought by the Plaintiff and declared that the Plaintiff was the rightful person to be the Eze or Eze ? Elect, being the undisputed traditional head/ruler and Akajiofor of Ubaha, Akpulu Autonomous Community, being the most senior Akajiofor from the most senior house/kindred and Village; that the defendant was not entitled to the throne of Ubaha Akpulu Autonomous Community as the Eze, not coming from the most senior/house/lineage in Agbara Kindred/Village and not being duly selected, identified and installed as the Eze or Eze ? Elect of Ubaha Akpulu.

The Trial Court therefore restrained the defendant from answering or parading himself as Eze ? Elect of Ubaha Akpulu Autonomous Community. (See page 193 of the Records of Appeal).

?Appellant was the Defendant at the Trial Court, while the Respondent was the Plaintiff or Claimant. The reliefs sought by the Plaintiff were

1

for:

?(1) A Declaration that the Plaintiff is the Eze ? Elect of Ubaha Akpulu, Autonomous Community in Ideato North Local Government Area, being the first son of the traditional title holder, the Akaji ofo from Nwokedi family, Umuagbarala Kindred, Umuezechie Village of Ubaha Akpulu Autonomous Community.

(2) A Declaration that Sir Uriah Umeh is not entitled to the throne of Ubaha Akpulu, Autonomous Community as the Eze or Eze ? Elect and shall not be recognised as such.

(3) Perpetual injunction restraining the Defendant from parading himself as Eze or Eze ? Elect or the traditional ruler of Ubaha Akpulu Autonomous Community.?

Dissatisfied with the judgment, Appellant filed Notice of Appeal on 9/1/2014, as per pages 194 ? 200 of the Records of Appeal and raised seven (7) grounds of Appeal. He filed his brief of argument on 17/11/14, upon regularising the Records of Appeal on 12/11/14. He donated two (2) Issues for the determination of the Appeal, as follows:

(1) Whether the Defendant was installed the Traditional Chief/Head of Ubaha Village or was conferred a chieftaincy title (Grounds 1, 2,

2

6 and 7).

(2) Which of the parties is entitled to be the traditional ruler of Ubaha ? Akpulu Autonomous Community. (Grounds 3, 4 and 5).