(1998) JELR 45540 (CA)    

Court of Appeal  ·  CA/I/67/95 ·  24 Nov 1998 ·  Nigeria
Other Citations
Adesanya v. Olayeni (1999) 2 NWLR (Pt. 592) 558
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
locus standi
representative capacity
1st defendant
civil procedure
aboki ruling house
point of law
senior advocate
grounds of appeal
high court of ogun state
learned senior advocate
legal rights
notice of preliminary objection
olisa of ijebu-ode
senior counsel
trial judge
vacant stool of olisa of ijebu-ode
4th plaintiff
aboki ruling house of the olisa
brief of argument
briefs of argument
case of ebofigo v
chiefs law cap
court finds
court of appeal rules
courts rules
exception of the attorney general of ogun state
executive governor of ogun state
first issue
hereditary customary rights
honourable court
ijebu-ode chieftaincy family
lack of locus standi
laws of ogun state of nigeria
leave of this honourable court
matter of jurisdiction
meeting of the said ruling house
member of the demoku
membership of the appropriate ruling house
misconception of the exercise
nominal party
ogun state executive council
order of perpetual injunction
present case
rules of this court
said rules
way of a motion

MUKHTAR, J.C.A (Delivering the Leading Judgment): In the Court below the respondents in this appeal who were the plaintiffs there took out an action against the appellants for the following reliefs, as per their statement or claim:

i. A declaration that the 1st defendant is not a member of the Demoku/Aboki Ruling House of the Olisa or Ijebu-Ode Chieftaincy family and that he is therefore not entitled to be nominated and/or appointed as the Olisa of Ijebu-Ode.

ii. A declaration that the 2nd defendant is neither the Head or the Demoku/Aboki Ruling House nor the Head of the Olisa of Ijebu-Ode Chieftaincy Family and that he is therefore not entitled to convene a meeting of the said Ruling House for the purpose of nominating a candidate for appointment to the vacant Stool of Olisa of Ijebu-Ode. nor to present any candidate and in particular the 1st defendant to the Awujale of Ijebu land for his consent.

iii. A declaration that the traditional kingmakers of the Olisa of Ijebu-Ode Chieftainc…

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