Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ALABI & ORS
V.
OYEWUMI & ORS

(2015) JELR 45791 (CA)    

Court of Appeal  ·  CA/I/215/09 ·  27 Jan 2015 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE JCA MOHAMMED AMBI-USI DANJUMA JCA JAMES SHEHU ABIRIYI JCA

Ratio Decidendi

Core Terms Beta
lower court
prescribed authority
1st-4th respondents
court
appeal
executive council
2nd appellant
decision
oluaja family
statement of claim
grounds of appeal
chiefs law
high court
osun state
preliminary objection
writ of summons
laws of oyo state
learned trial court
trial court
4th march
cause of action
following issues
learned trial judge
making of exhibit d1
notice of appeal
olukotun family
vacant stool of oluwata of iwata
1st-4th appellants
4th appellant
5th-6th respondents
5th defendant
5th respondent
abiloga family members
case of the 1st-4th respondents
chiefs law of osun state
claim of the respondents
death of oba afolabi oyegunle oyekele
different family meetings
different persons
final decision
finding of the lower court
guide of the ministry of chieftaincy affairs
judgment of the high court
jurisdiction of the high court
leading judgment
legal basis
resultant chieftaincy disagreement
suit of the plaintiffs
view of the decision of the prescribed authority
view of the provisions of section

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court, Osun State sitting at Ejigbo delivered on the 4th March, 2005. In that Court, the 1st-4th Respondents were the Plaintiffs. The 1st-4th Appellants and 5th-6th Respondents were the Defendants. The claim of the Respondents was for the following:

i. A declaration that by customary derivation, the three ruling houses in Iwata in Ejigbo Local Government Area are:- ABILOGA, LAANIBA, AND LAWARIKAN.

ii. A declaration that the next ruling house to present a candidate/candidates for the vacant stool of Oluwata of Iwata as (sic) Abiloga ruling house.

iii. A declaration that the 4th plaintiff is the candidate nominated by Abiloga ruling house to fill the stool of Oluwata of Iwata.

iv. An order declaring that the nomination of either the 2nd or 4th defendant at different family meetings presided over by 1st and 3rd defendant respectively at Iwata to fill the vacant stool of Oluwa…

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