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ADEYERI II &ORS
V.
ATANDA & ORS

(1995) JELR 43489 (SC)

Supreme Court 23 May 1995 Nigeria
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- The dispute concerned the appointment of Baale Malete, Iseyin, with respondents claiming there were three ruling houses (Olose, Are/Alarafa, and Atogun) entitled to present candidates in rotation, while appellants contended only two (Olos

Case Details

Suit Number:SC.218/1989
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Chief Afe Babalola, S.A.N (with him, L.O. Fagbemi and A. Acquah) -for the Appellants For Appellant R.A. Sarumi -for the Respondents For Respondent
Other Citations:Adeyeri II v. Atanda (1995) 5 NWLR (Pt.397) 512

ADIO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, Oyo Judicial Division, Oyo State of Nigeria, the respondents instituted an action against the appellants. The reliefs claimed by the respondents, as stated in paragraph 30 of their Amended Statement of Claim were as follows:-

"(a) Declaration that under native law and custom of Iseyin, Oyo State, the only person duly appointed by the 1st plaintiff and other compound heads of Malete, Iseyin, and presented to the 1st defendant, as the prescribed authority for approval, by the Baale Koso, Iseyin, is the only person duly appointed as Baale Malete, Iseyin;

(b) Declaration that the purported appointment of the 3rd defendant as Baale Malete without the consent and permission of the 1st plaintiff and other compound heads of Malete, Iseyin in 1983 is against the custom and tradition of Malete people and as such is null and void;

(c) Declaration that the purported approval of the appointment of the 3rd defendant by t…

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