Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AKINYEMI
V.
GOV., EKITI STATE

(2014) JELR 57618 (CA)    

Court of Appeal  ·  CA/EK/11/2013 ·  27 Jun 2014 ·  Nigeria
CORAM
ADZIRA GANA MSHELIA JCA ( Presided ) AYOBODE O. LOKULO-SODIPE JCA BOLOUKUROMO MOSES UGO JCA (Read the lead judgment)

Ratio Decidendi

Core Terms Beta
1st appellant
ekiti state
lower court
learned trial judge
1st claimant
statement of claim
ondo state
declaratory reliefs
statement of defence
grading exercise
onirun of irun
1st appellant’s traditional younger brother
appellants’ claims
old ondo state
traditional paramount ruler
1st class paramount ruler
3rd appellants
abuse of court process
actions of other branches
ado-ekiti division
appellant ought
categories of first class obas
civil rights
claim of the 1st appellant
counsel mr. taiwo martins ogunmoroti
crowned first class oba
crowned oba
father of the 1st appellant
hard evidence
hard historical facts
isinbode of onisin ekiti
january 2013.the respondents’ defence
judgment of the ekiti state high court
justice aladejana judicial panel
leading judgment
legal rights
morgan chieftaincy review commission of inquiry
mr. boluwade micheal
number of 1st class obas
onisin of isinbode ekiti
order of this honourable court
own upgrade
parties.the appellants’ case
result of the said morgan report
said witness statements
set aside
sole claimant
substance of the appellants
successive governments
upgrade of this nature

UGO JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Ekiti State High Court, Ado-Ekiti Division, in suit No. HAD/227/2011, delivered by the Hon. Justice M.O. Abodunde, in which the learned trial judge, by his judgment of 29 November 2013, dismissed in their entirety the appellants’ claims for:

1. A declaration that the 1st claimant, the Onisin of Isinbode Ekiti is a crowned First Class Oba and a grade “A” traditional paramount ruler.

2. A declaration that the 1st claimant, the Isinbode of Onisin Ekiti is entitled to the permanent membership of the Ekiti State Council of traditional rulers and a member of Pelupelu. 

3. An order of this honourable court, directing the defendants to upgrade the 1st claimant (Onisin of Isinbode) to his rightful status of a crowned First Class Oba and Pelupelu membership.

The suit, which was originally commenced by only the 1st appellant, the Onisin of Isinbode, as sole claimant but later joined by the 2nd and 3rd appellants (…

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