(2018) JELR 38906 (CA)    

Court of Appeal  ·  CA/IL/43/2017 ·  5 Jul 2018 ·  Nigeria
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
learned trial judge
local government
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…

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