Chief Efiong Enebiet Efiomduke & Ors V. Etubom George Duke Henshawetubom Of Henshaw Town,calabar (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim to Headship—Effect of Repeal of by Ordinance No. 15 of 1914 of Native House Rule Ordinance (Proclamation No. 26 of 1901 and Cap. CXXL of 1908 Edition Laws of Colony of Southern Nigeria) considered—Effect of Repeal of ” Slowly ” of House Rule considered—Appellant swing in his own name for protection of the Rights of the House—Use of expression ” trustee ” to denote duties of Head of House deprecated.

Facts

Appellant was the Head of Ekpo Offiong House. Yellow Duke House was a sub-house. Appellant had been blind for a number of years and certain representative member4 of Yellow Duke House purported to remove him from the Headship by Public Notice.

Held

that although Proclamation No. 26 of 1901 and Cap. CXXL of 1908 Edition of Laws of Colony of Southern Nigeria was repealed,sit did not remove incidents of House Rule pre-existing in Native Law and Custom, thus incidents relating to duties of headship and rights in land differ as between : (1) The Head of the House, (2) Blood relatives and (3) Slaves and descendants of slaves. The latter enjoy land during good behaviour and cannot call the Chief to account or depose him as the original Yellow Duke was a slave his descendants cannot depose appellant. The Head of the House can sue in his own name for the protection of the rights of the House and sub-houses. Where rights and duties are governed by Native Law and Custom it is unwise to apply the expression ” trustee ” to the Head of the House.

The appeal is awarded costs in this Court accessed at 60 guineas and in the Court below accessed at 15 guineas.