Law/Judiciary
Court Strikes Out Okan-Ama Stool Suit
A High Court 14, sitting in Port Harcourt, presided over by Justice M.W. Danagogo, has struck out a case over the Okan-Ama stool of Asuk-Oyet community in Andoni Local Government Area of Rivers State in favour of the defendant, HRH, Ubong Brown David ,Asuk (IV).
The case with suit no.PHC/1189/2008, was instituted against the defendant by the claimant, Mr Eleazar Francis Asuk challenging the coronation of the defendant as the Okan-ama of Asuk-Oyet community and seeking perpetual injunction to restrain him from answering the traditional title.
The case was struck out on the ground that the writ of summons with which the suit was commenced was not signed by the claimant or his counsel, leading to an order by the Court for the council for the parties to address it on the effect of non signing of the writ of summons on the suit.
The court therefore ruled on the above order that the non signing of the writ of summons contravened the mandatory provisions of order 6,rule2 (3) of the rules of the court, and as such rendered the suit incompetent and therefore robs the Court of jurisdiction to entertain same.
Speaking to newsmen shortly after the judgement, the defendant, HRH, (Ubong) Brown David, commended the Jugde for his thoroughness in hearing the case.
He said the judgement was a victory for the Asuk-Oyet community, adding that he will serve the community with a sense responsibility.
Also speaking the council to the defendant, T.D. Jamaica Esq, expressed satisfaction over the judgement, stating that it was the product of deep judicial insight.
The judgement which was delivered on the 6th of September, 2019, brings to an end a litigation that lasted for eleven years.
Beemene Taneh