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ADEDAYO
V.
BABALOLA

(1995) JELR 43461 (SC)

Supreme Court 18 Jul 1995 Nigeria
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- This case is an appeal against the decision of the Court of Appeal, Kaduna Division on an interlocutory appeal from a ruling of Fabiyi, J. dated 24:3:88. - The plaintiff, Chief Gabriel Titiloye, filed a suit seeking a declaration that the

Case Details

Suit Number:SC.190/1991
Judges:MUIIAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Chief Afe Babalola, SAN (with him, L.O. Fagbemi, Esq.) For Appellant Prince J.O. IjaodolaM.A. Sanni, Attorney-General, Kwara State (with him, S.A. Mohammed, Director of Civil Litigation, Kwara State) For Respondent
Other Citations:Adedayo v. Babalola (1995) 7 NWLR (Pt. 408)383

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division on an interlocutory appeal from the ruling of Fabiyi, J. dated 24:3:88 refusing the application of the 1st to 6th defendants to dismiss the suit filed by the plaintiff in limine.

The plaintiff, Chief Gabriel Titiloye as head of Agbonbifa Ruling House instituted the action which led to the present proceedings for himself and as representing Agbonbifa Ruling House of Isale Esie.

In paragraph 38 of the amended statement of claim, the plaintiff sought the following reliefs:

"(1) A declaration that the Native Law and Custom relating to the selection of Elesie of Esie in force in Esie is as contained in records of the Government of Kwara State and Irepodun Local Government Council i.e.

(i) that Elesie of Esie is selectable only from Esie Ruling House.

(ii) Succession in rotation or alternative of the two Ruling Houses shall be in the following order: Ita-Ajado …

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