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AKANDE
V.
AYINLA & ORS

(1997) JELR 43516 (CA)

Court of Appeal 5 Jun 1997 Nigeria
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Case Details

Suit Number:CA/K/203/95
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Counsel:Prince J.O. Ijaodola For Appellant Alhaji A. Salman SAN,A. Aremu, Esq. For Respondent
Other Citations:Akande v. Ayinla (1997) 11 NWLR (Pt.530)

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): In this appeal, the appellant as plaintiff at an Ilorin High Court of Justice (Court below) sought for the following reliefs against the respondents as defendants:-

"(i) A declaration that the plaintiff is the new Alagar of Agar having been appointed in accordance with Agar native Law and custom.

(ii) A declaration that the 1st defendant is not entitled to be appointed as the new Alagar of Agar since he is not a descendant of Abdul Salami, the grandson of Ojo Olagon who founded Agar Village.

(iii) A perpetual injunction prohibiting the 1st Defendant from parading himself as the new Alagar and Prohibiting the 2nd and 3rd Defendants from treating him as the new Alagar since the 2nd and 3rd Defendants have no power to so appoint him."

Hitherto, there was a claim by the appellant (paragraph 11 of the statement of claim) that he was appointed as the new Alagar (Village head) of Agar and that his appointment in line with the custom and tr…

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