OKONJO v. NWAUKONI

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd defendant in Suit No. O/11/2015 instituted by the respondent in the High Court of Delta State, Ogwashi-Uku Judicial Division, holden at Ogwashi-Uku. In the said suit, the respondent claimed in paragraph 29 of his statement of claim the following relief:
a. A declaration that any registration/purported listing of the 1st defendants name in the register of Recognised Chiefs of Delta State Government and/or Official Gazette of Delta Government is null, void and of no effect, there being a pending appeal at the Supreme Court on who is the legally installed Iyase of Ogwashi-Uku Kingdom which has not been determined in favour of any party.
b. A declaration that the entering of the 1st defendant name as the Iyase of Ogwashi-Uku Kingdom in the register of Recognised Chiefs in Delta State and/or Official Gazette of Delta State by the 3rd Defendant is preemptive, null, void and of no effect the appeal filed by the 1st defendant challenging the validation of the installation of the claimant as the substantive Iyase of Ogwashi-Uku Kingdom not having been determined.
c. An Order of this Honourble Court restraining the 1st and 2nd defendants whether by themselves, their agents, privies and servants from holding out or parading the 1st defendant as the Iyase of Ogwashi-Uku Kingdom until determination of the appeal pending before the Supreme Court of the Federal Republic of Nigeria on who is validly installed Iyase of Ogwashi-Uku.
d. An Order of the Honourable Court restraining the 3rd defendant, his privies or servants from recognising and/or registering or listing the name of the 1st defendant or anyone else in the Register of Recognised Chiefs in Delta State and/or Official Gazette of the Delta State Government as the Iyase of Ogwashi-Uku until determination of the appeal filed by the 1st defendant at the Supreme Court challenging the validity of the claimant as the substantive Iyase of Ogwashi-Uku Kingdom.
e. An Order of this Honourable court directing the 3rd defendant, his privies, agents or servants to immediately delist/expunge the 1st defendants name from the register of Recognised Chiefs in Delta State/Official Gazette of Delta State Government where such registration exists, there being a pending appeal before the Supreme Court on who is validly installed Iyase of Ogwashi-Uku between the claimant and the 1st defendant.
f. An Order of mandatory injunction directing the 3rd defendant, his cronies, subordinates, and/or anyone else having authority to register Chieftaincy in Delta State to forthwith deregister and/or expunge the 1st defendants name from the register of Recognised Chiefs in Delta State and/or Official Gazette of Delta State Government as any registration in disregard of the pending appeal before the Supreme Court will be null, void and of no effect.
In paragraphs 19, 20, 21, 25, 26 and 27 of his statement of claim, as claimant in the trial court, the respondent pleaded as follows:
19. The claimant avers that being dissatisfied with the judgment of the lower Court, the claimant as appellant in that suit appealed the said judgment of Hon. A.O. Akpovi in Appeal No. B/CA/94/2009 sitting at Benin City, Edo State.
20. The claimant avers that upon hearing of the Appeal, the judgment of the lower Court was upturned and judgment was entered in favour of the claimant, validating his installation as the substantive Iyase of Ogwashi-Uku Kingdom on the 12th of July, 2010. The claimant will found and rely at the trial of this suit on the said judgment of the Court of Appeal.
21. The claimant avers that the 1st defendant herein has since appealed the judgment of the Court of Appeal to the Supreme Court, in Appeal No. SC/55/211, (sic) which Appeal is still pending. The claimant

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