Walri Aiabo Victor Ibimina Jumbo & Ors V. Chief H.F. Jumbo & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI JCA. (Delivering the Leading Judgment)

This appeal emanated from the judgment of the High court sitting in Port Harcourt, presided over by J.N. Akpughunum (J). The said judgment was delivered on 26th of February, 2009.

The Plaintiffs (hereinafter referred to as the Respondents) on the 31st of May, 2001, filed a writ of summons where they sought for the following reliefs:

“(i) A declaration that the plaintiff is still the Chief/Head of Jumbo Major House of Grand Bonny Kingdom in the Bonny Local Government Area of Rivers State.

(ii) A declaration that the Defendants either by themselves, servants, agents or privies have no right and power under Bonny native Law and Customs as applicable to Jumbo Major house to remove the 1st plaintiff or to replace him as Head of Jumbo Major House of Grand Bonny kingdom in the Bonny Local Government Area Rivers State; and

(iii) A declaration that under Bonny native Law and Custom as applicable to Jumbo Major House, the 2nd Defendant and indeed the Defendants have no right or power to hinder or stop the plaintiffs in their functions and activities on behalf of Jumbo Major House of Grand Bonny Kingdom.”

On the 2nd of July, 2002, the Respondents filed their statement of claim wherein they amended the original Reliefs claimed in their writ of summons thus:

“WHEREOF the Plaintiffs’ claim jointly and severally against the Defendants as follows:

(1) A declaration that the 1st Plaintiff is still the Chief/Head of Jumbo Major House of Grand Bonny Kingdom in the Bonny Local Government Area of Rivers State and the purported resolution of 9th day of June, 2001 or any on thereto with regards to the said removal is null and void.

(2) A declaration that the Defendants either by themselves, servants, agents or privies have no right and power under Bonny native Law and Customs as applicable to Jumbo Major house to remove the 1st Plaintiff or to replace him as CHIEF and Head of Jumbo Major House of Grand Bonny Kingdom in the Bonny Local Government Area Rivers State.

(3) A declaration that under the Bonny Native Law and Custom as applicable to Jumbo Major House, the 2nd Defendant and indeed all the other Defendants, their servants, Agents or privies have no right or power to hinder or stop the Plaintiffs especially the 1st Plaintiff in his or their functions and activities on behalf of House including withdrawal of Money from all the Accounts of Jumbo Major House in different Banks especially DIAMOND BANK IKWERRE ROAD or collecting monies, cash or materials form Companies or (sic) behalf of the said House.”

The case proceeded to trial. Each party called their witnesses and tendered some documents as Exhibits. The Appellants called one witness whilst the Respondent called two witnesses. The learned trial judge after evaluating the evidence adduced before him both oral and documentary found for the Plaintiffs/Respondents and held thus:

“I have in the course of this judgment reviewed the facts of this case as presented by the witnesses, and findings of facts have been made thereon.

It is therefore my considered view that the claimants have proved their case as required by law.