H.R.M Benjamin Ikenchukwu Keabonekezi & Ors v. Uboh Solomon Iheanmosi Ezeriohanye & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

This appeal emanated from the decision of Delta State High Court, Asaba, in Suit No. AG/6/2018, delivered on 2nd June, 2020 by Hon. Justice C. N. Ogadi (Mrs.), whereof the trial Judge struck out the preliminary objection by the 1st appellant, who was the 1st defendant/applicant at the lower court.

At the lower court, the claimant, (now 1st respondent in this appeal) had filed a suit seeking:

(1) A declaration that from time immemorial, under the custom and practice of Ekuku-Agbor, Ekuku-Agbor community in Ika South Local Government Area of Delta State, has been an autonomous community under the headship of Uboh, of Ekuku-Agbor community.

(2) A declaration that the claimant, Uboh Solomon Iheanmosi Ezerionhanye, being from the Ojei descendant of Ekuku-Agbor Community in Ika South Local Government Area of Delta State, was rightly installed as the Uboh of Ekuku-Agbor community in accordance with the customs and practice of Ekuku-Agbor in Ika South Local Government Area of Delta State.

(3) An order directing the 2nd, 3rd and 4th defendants to accord recognition to the claimant as the Uboh of Ekuku-Agbor Community in Ika South Local Government Area of Delta State and issue staff of office to the claimant forthwith.

(4) An order of perpetual injunction restraining the defendants, their agents servants, privies or howsoever called from intimidating, harassing or further harassing or interfering or deposing the claimant as the Uboh of Ekuku-Agbor Community in Ika South Local Government Area of Delta State.

The 2nd, 3rd and 4th defendants in the suit at the lower court are the 2nd to 5th respondents in this appeal and they filed a joint defence to the suit. The 6th and 7th defendants (who were joined in the suit on 19/7/2018) are the 6th and 7th respondents herein. The 2nd and 3rd appellants herein were 8th and 9th defendants at the lower court and were joined in the suit on 22/11/2018 by order of the lower court.

Appellants had filed notice of preliminary objection to the suit on the grounds of:

1. Non-disclosure of a reasonable cause of action and
2. Lack of locus standi to sue. (See pages 160 – 161 of the records)

The claimant (1st respondent) had contested the preliminary objection by filing counter-affidavit. After hearing the arguments on the preliminary objection, the trial court struck the same out, holding as follows:

This is notice of preliminary objection filed on 24/5/2019 by 1st, 8th and 9th defendants/applicants praying that this suit be struck out for non-disclosure of a reasonable cause of action and lack of locus standi to sue as follows (Grounds):

(1) There is no dispute disclosed between the claimant and the 1st defendant/applicant.

(2) There is no registered declaration of Ekuku-Agbor as an autonomous community.

(3) Under the schedule of the Traditional Rulers and Chiefs Law, Laws of Delta State, 2006, only the Obi of Agbor and Obi of Abavo are the recognized monarchs in Ika South Local Government Area.