(2008) JELR 49416 (CA)    

Court of Appeal  ·  CA/I/223/99 ·  17 Jun 2008 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
7th defendant
trial court
1st plaintiff
oojabi family
lower court
learned trial judge
olota of otta
learned counsel
baale of sango-otta
installation of the 7th defendant
1st appellant
grounds of appeal
preliminary objection
1st defendant
4th defendants
behalf of the oojabi family
interlocutory decision of the trial court
ajana of otta
chief lasisi akinremi
further case
judgment of the lower court
original defendants
2nd defendants
3rd march
7th defendant inspite of the protests
abuse of the process of the court
appointment installation approval of the 5th defendant
counsel addresses
head of their family
hearing of this appeal
leading judgment
member of the said family
ogun state attorney general
ogun state high court
original 7th defendant
o. t. akinbiyi of counsel
rejection of evidence
respondents brief
selection of bale of sango-otta
yusuf vs. akindipe

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The ease that brought about this appeal had a chequered history.

Originally, the suit was commenced by the Plaintiffs, the Appellants herein, against five defendants namely: Oba T. T. Dada. the Olota of Otta, Chief Lasisi Akinremi, the Ajana of Otta, Chief Momoh Ogunrnuyiwa, the Olukolun of Olla, Chief Lawani Kosebinu, the Akogun of Otta and Chief J. Akinbiyi Ojo. On the death of the 1st and 2nd Defendants, Oba I. F. Dada, the Olota of Otta and Chief Lasisi Akinremi, the Ajana of Otta, a regency-in-council comprising three persons, to wit, Chief Akin Dosunmu, the Oluwa of Otta, Chief S.A. Adesanya, the Balogun of Otta and Chief H. A. Ojo the Scriki of Otta, was substituted particularly for the 1st Defendant being the prescribed authority. The Regency-in-Council that had a three months lifespan was, on application, subsequently substituted by the Ogun state Attorney General. The 2nd, 3rd and 4th Defendants remain the original De…

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