(2003) JELR 44931 (CA)    

Court of Appeal  ·  CA/IL/13/2002 ·  17 Mar 2003 ·  Nigeria
Other Citations
Adeogun v. Ekunrin [2003] 2 NWLR (Pt.856)
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria JA' AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
5th respondent
learned trial judge
statement of claim
native law
6th defendants
respective families
1st defendant
7th defendant
7th respondents
8th defendant
inter alia
custom of oke-ode
supreme court
high court
1st may
appointment of the 1st defendant
ruling house
chieftaincy titles
facts of the case
governor of kwara state
law chapter
laws of northern nigeria
new elesa
throne of elesa
totality of evidence
common ground
conclusion of trial
concurrent findings of the lower courts
court finds
court of appeal
ekiti traditional council
family of oke-ode
following conclusion
h. h. oba alebiosu ii
high court of kwara state
leading judgment
light of the evidence
local government
particular chieftaincy hold
present respondents
ruling family
said appointment
said issues
said nomination
sole king-maker
suit no. kws

WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice M.A. Akoja of the Kwara State High Court of Justice in suit No. KWS/OM/2/98 delivered on 18th day of January, 2002.

By a statement of claim to be found at pages 38 to 40 of the record, the appellants as plaintiffs claimed against the defendants who include the present respondents as follows:

"12. Wherefore the plaintiffs pray for judgment as follows:

(i) a declaration that the 8th defendant is the sole king-maker for Oke-Ode;

(ii) a declaration that the 1st - 6th defendants are not king-makers for the stool/throne of Elesa (Oba) of Oke-Ode;

(iii) a declaration that it is the turn of the plaintiff's ruling house to produce a new Elesa (Oba) of Oke-Ode; and

(iv) a perpetual injunction prohibiting the 1st - 6th defendants or the 8th defendant from presenting the 7th defendant to the 9th and 10th defendants as the new Elesa (Oba) Oke-Ode and prohibiting the 9th a…

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