(1997) JELR 45481 (SC)    

Supreme Court  ·  SC.230/1994 ·  7 Mar 1997 ·  Nigeria
Other Citations
Adesokan v. Adegorolu (1997) 3 NWLR (Pt.493)
Adesokan v. Adegorolu (1997) 3 NWLR (Pt. 493) 261
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
cause of action
statement of claim
onitede of tede chieftaincy
locus standi
trial court
agoro jca
written judgment
abuse of the process of the court
court of appeal act
j. c. a.
lead judgment
constitution of the court of appeal
issue of locus standi
tradition of tede
customary law
irikefe jsc
judgment of the court of appeal
learned trial judge
reasonable cause of action
rightful ruling house
s. c.
written opinion of a justice of the court
18th day of january
1st-3rd defendants
abuse of process of court
careful consideration
contrary view
custom of the tede community
following issues
further appeal
grounds of appeal
interlocutory decision of the high court of oyo state
judgment subject of this appeal
leading judgment
learned justice of the court of appeal
leave of that court
leave of the court of appeal
only pleadings
oral hearing of the appeal
order of court
present case
respective briefs of arguments
rules of this court
said concurring judgment

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This is a further appeal from an interlocutory decision of the High Court of Oyo State given on 11/7/88 wherein that court held that:

"............the plaintiff has locus standi to present this action and that the action is not frivolous, vexatious, and an abuse of process of court. The action also discloses a cause of action."

The plaintiff had by a writ of summons issued in February 1988 sued three defendants (now respondents in this appeal) claiming:

"(a) Declaration that according to the law, custom and tradition of Tede there are only THREE ruling houses for the Onitede of Tede Chieftaincy to wit, Daodu Agba, Adekalu and Egbeomo.

(b) Declaration that the instrument dated 18th day of January, 1958 and registered on the 12th day of February, 1958, in so far as it purports to declare the customary law prevailing in Tede with respect to the appointment to the Onitede of Tede chieftaincy is wrongful, illegal and void.

(c) Decl…

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