ADEYEMO & ORS
V.
ABEFE & ORS

(2018) JELR 38906 (CA)

Court of Appeal · CA/IL/43/2017 · 5 Jul 2018 · Nigeria

CORAM

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

action notice

appellants

respondents

counsel

learned trial judge

local government

action

native law

trial court

appellants suit

condition precedent

4th defendants

chieftaincy matter

trial judge

statement of claim

statutory provision

appellants reply brief of argument

circumstances of this case

conditional appearance

l8 laws of kwara state

owoseni vs. faloye

part xi of the local government

respondent defendant

right of the appellant

such notice

1st respondent defendant

2nd respondent defendant

2nd respondents brief of argument

2nd respondents defendants

3rd june

appellants brief of argument

appellants claimants suit

appellants claimants writ of summons

approval of the 1st defendant

breach of section

case of eze vs. okechukwu

failure of the appellants claimants

interim order of this honourable court

jurisdiction of the trial court

lack of service

leading judgment

nature of the appellants case

notice of appeal

peculiar circumstance of this case

pre action notice

provisions of the necessary laws

said provision

separate notices of preliminary objection

sets of respondents defendants

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the Kwara State High Court of Justice sitting in Ilorin delivered on the 14th day of October 2016 by Hon. Justice S. M. Akanbi.

The Appellants who were Claimants at the trial Court instituted an action against the Respondents vide a Writ of Summons and Statement of Claim on the 21st Day of May 2015 praying for the following reliefs:

i. A declaration that the only recognized and existing Ruling house in Igboidun is the Onidun Ruling house.

ii. A declaration that the appointment and approval of the 1st Defendant by the 2nd, 3rd and 4th Defendants as the Onidun of Igboidun is wrongful, unlawful, against Igboidun native law and custom of appointing Onidun of Igboidun and therefore null, void and of no effect whatsoever.

iii. A declaration that the nomination and appointment of HRH Oba Yinusa Adebayo Adeyemo Oyedepo III by the Igboidun Kingmakers and Igboidun Community is proper, and in ac…

ADEYEMO & ORS V. ABEFE & ORS

ADEYEMO & ORS
V.
ABEFE & ORS