Eki Yafugborhi V. Edirin Isikuru & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the Ruling of the Customary Court of Appeal of Delta State holden at Warri in Appeal No. ? DCCA/M/3/2012 ? EKI YAFUGBORHI (For himself and on behalf of the Descendants of Gbebue and David Ugoruvwoghor Yafugborhi of Otu-Jeremi Town) AND (1) EDIRIN ISIKURU (2) TAKURA OKPEMU (3) MADDOCKS TARIEN (For themselves and on behalf of the Mukri Family of Otu-Jeremi Town) delivered on 24th day of October 2012, wherein the application for leave to appeal to the Customary Court of Appeal Delta State was dismissed.

Briefly, the facts of the case are that by a motion on notice filed on 30/3/2012, the Appellant prayed the Delta State Customary Court of Appeal as follows:

?(1) An order granting leave to the Applicant Eki Yafugborhi to appeal against the ruling of the Ughelli Area Customary Court delivered on the 4th of December 1992 in a representative capacity for himself and on behalf of the Gbebue and the late David Ugoruvwoghor Yafugborhi descendants of Otu-Jeremi town; as a person having an interest in Appeal No ? UACC/1A/90: Chief Isikuru Okpiroro Vs

1

David Yafugborhi as the cause of action in the said Appeal survives the death of his father.

(2) An order extending time within which the Applicant, Eki Yafugborhi can apply for leave to appeal against the Ruling of the Ughelli Area Customary Court delivered on 4th of December, 1992 as a person having interest in the Appeal No. UACC/1A/90 ? Chief Isikuru Okpiroro Vs David Yafugborhi as the cause of action in the appeal survives the death of his father.

(3) An order granting leave to the Applicant, Eki Yafugborhi as a person having interest in the appeal to appeal against the ruling of the Ughelli Area Customary Court delivered on the 4th December 1992 in Appeal No. UACC/1A/90 ? Chief Isikuru Okpiroro Vs David Yafugborhi on mixed law and fact.

(4) An order extending the time within which the Applicant, Eki Yafugborhi as a person having interest in the Appeal can file his notice of appeal against the ruling of the Ughelli Area Customary Court delivered on 4th December 1992 in Appeal No. UACC/1A/90 ? Chief Isikuru Okpiroro Vs David Yafugborhi in the manner set out in the proposed Notice of Appeal hereto attached to the supporting

2

affidavit as Exhibit ?J? time to do so having expired.

Grounds of the application:

(a) By a notice of appeal filed by the Applicant?s father late David Ugoruvwoghor Yafugborhi who was the Applicant therein, appealed against the judgment of the Agbarho District Customary Court delivered on 20th December, 1988 wherein the Agbarho District Court declared the Applicant?s father not a true descendant of Mukri and he is therefore not entitled to succession to the estates of Mukri.

(b) Before the appeal could be heard on its merit, the Area Customary Court sitting in Ughelli dismissed the appeal vide a Ruling made on the 4th of December, 1992 on the ground that Appellant?s counsel was absent from Court on the day the appeal came up for hearing.