Mr. David I. Karinga Stowe & Anor V. Godswill T. Benstowe & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

This is an appeal from the judgment of the Court of Appeal, Port Harcourt Division delivered on the 11th of July, 2000 wherein that court set aside the judgment of the High Court and struck out the suit for non compliance with the provisions of Order 33 Rule 7 High Court (Civil Procedure) Rules, Cap 61. Laws of Eastern Nigeria, 1963. The facts are these:

The appellants as plaintiffs sued the respondents as defendants on a writ of Summons and Statement of claim. The endorsement on the Writ of summons is as follows:

“The plaintiffs claim as against the Defendants is for:

1. A declaration that:

(a) The installation of the 1st defendant as Chief Godswill Tamunobaraimi Ben Stowe without the knowledge and consent of the Banigo House of Bonny and the Stowe House of Bonny under the Bonny native Law and custom is null and void.

(b) No such sub-House as Ben Stowe House in the STOWE HOUSE of the Banigo group Houses in Bonny exists under Bonny custom and tradition.

(c) The creation of Ben Stowe Chieftaincy Unit and the recognition by the Bonny Chiefs Council of Godswill Tamunobaraimi Ben Stowe as Chief of Ben Stowe House on July 22nd, 1978 are ultra vires and void.

(d) The only associate Chieftaincy unit in the Banigo group of Houses of Bonny established in Bonny history with the relevant appellation is the Stowe House.

(e) The incumbent of Stowe House is Chief Emmanuel Diepiri (Ihanifieresi) Stowe, the first plaintiff.

2. An injunction:

(a) Restraining the first dependant from parading himself as chief Godswill Tamunobaraimi Ben stowe House of the Banigo group of Houses of Bonny.

(b) Restraining the second defendant and his successors-in office as secretary of the Bonny Chiefs Council from creating a Ben Stowe sub-House without the consent and initiative of the STOWE HOUSE and the BANIGO HOUSE of Bonny.

These reliefs were not endorsed in the Amended statement of claim. Paragraph 19 of the Amended statement of claim reads:

“19 wherefore the plaintiff claim as per writ”

The learned trial judge heard evidence and entered judgment for the plaintiff. On appeal the judgment of the trial court was set aside and the suit struck out. This appeal is against that judgment.