Natian Okonjo & Ors V. Mr. A.N. Omuni & Ors (2007)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J.C.A.

It is good law that an admitted fact need no further proof thereof. OKOESOR V. POLICE COUNCIL (12 NWLR (pt, 834) 444; IRIRI V. ERHUR LOBARA (1991) 2 NWLR (pt, 173) 252 ASAFA FOODS FACTORY V. ALRAINE NIG. LTD. (2002) 12 NWLR PT. 781 353 But A court at the same time is not expected to believe and act on evidence that it is manifestly incredible or unreliable, mainly because the plaintiff said so and was not cross examined. See IRIRI V. ERHUHOBENA (1991) 2 NWLR Pt. 173 252″(Delivering the Leading Judgment): This is an appeal from the judgment delivered by Ogbodu J of the Delta State high Court of Justice in Ogwashi-Uku on 17/1/2001. the appellants herein were the plaintiffs in the court below and the claims of the appellants as endorsed on

their writ of summons is for

“1. A declaration that:

(a) in the absence of an Obi of Ogwashi- Uku installed after a complete compliance with the applicable laws in Delta State and approved and recognized in accordance with These laws, there is no institution and/or person(s) in Ogwashi-Uku that can legally or validly describe itself/Himself as “HIS ROYAL HIGHNESS OBI FELIX OGOCHUKWU THE 1ST or speaker for the people Of Owashi-Uku or otherwise perform the functions Of a Royal father in Ogwashi-Uku.

(b) The reference and/or description in the one year anniversary invitation card programme of the father of the day as ‘HIS ROYAL HIGHNESS OBI FELIX -OGOCHUKWU the 1st is misleading scandalous,

Prejudicial, vexatious, oppressive and embarrassing to the plaintiffs, illegal and therefore null and void.

(2) An order of injunction restraining the defendants from parading or holding or describing and/or addressing any person and/or institution as “HIS ROYAL HIGHNESS OBI FELIX OGOCHUKWU THE 1st pending such time

(i) an Obi of Ogwashi-Uku is installed, appointed,approved and recognized in conformity with the traditional Rulers and Chiefs Edict 1979 or any Other applicable law.

(3) N5 million as compensation for losses in money, time, Embarrassment and inconveniences suffered by the Plaintiffs’ family in attempting to counter and neutralize The publication made by the defendants isn’t the notice of Invitation/programme to the one year anniversary of Ogwashi-Uku Development Union (Women Wing).”

Pleadings were filed and exchanged by the parties. The appellant’s statement of claim is at pages 55 – 63 of the Records while the respondents Statement of defence is set out at pages 94- 98 Of the Record, .

After a protracted and several adjournments spanning a period of about a year trial was concluded and completed by Ogbodu, J.

At the trial only the Plaintiff participated and called one witness, The defendant abandoned the case and never showed up again Learned trial judge at the end of trial delivered a considered judgment and dismissed the case of the appellants. The trial Judge in his sum up and conclusion has this to say and I quote.

“On the relief claimed by plaintiffs in this actions, it is difficult to grant the various reliefs because it was never shown by plaintiffs that defendants claimed or purported to claim any right in this without particulars suit or any suit at all. The issue is not whether Felix Izediunor can legally or validly be ascribed any royal title when he has not been installed an Obi in compliance with the applicable laws of Delta State. I also wish to say that although the description of Felix Izediunor in the invitation cards or programme may be Misleading, it was not shown that it was an attempt to declare Him an Obi. I would think that it was a mere description which Has not infringer the rights of the plaintiff and therefore cannot be Declared null and void.