ALABI
V.
ADELEYE & ORS

(2015) JELR 39928 (CA)    

Court of Appeal  ·  CA/B/298/2009 ·  19 Aug 2015 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED A. DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
prescribed authority
plaintiff
2nd defendant
person
1st defendant
learned trial judge
1st respondent
decision of the prescribed authority
statement of claim
instant case
chief olokeogboron of okeogboron
statement of defence
defendants
olokeogboron chieftaincy
aggrieved party
minor chieftaincy
record of appeal
authority
chieftaincy matter
installation of the 1st defendant
ondo state
3rd defendants
hon. learned trial judge
letter of 6th may
1st defendant appellant
6th respondents
above decision
above provision of the law
allegations of fact
approved choice of the prescribed authority
case of nkuma v. odili
clear triable issues
competence of the plaintiff
high court of justice
installation of the first defendant
mandatory provisions of section
notice of preliminary objection
order of the court
plaintiff claims
powers of the prescribed authority
present appellant
provisions of chiefs
said purported election
submission of the learned counsel
such dispute

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision (Ruling) of the High Court of Justice, Ondo State sitting at Oka Akoko delivered by the Honourable Justice C.E.T. Ajama on 22/6/2009.

By a Writ of Summons and Statement of Claim dated 11-5-2009 and filed on 12-5-2009, the 1st Respondent as plaintiff (for and on behalf of his Faborode Asaloke Ruling House of Okeogboron Quarter supare) took out this action against the present Appellant and the 2nd - 6th Respondents as Defendants.

By paragraph 34 of the statement of claim, the 1st Respondent as plaintiff claims against the defendants jointly and severally as follows:

(a) Declaration that the purported selection/appointment/installation of the 1st defendant by the 2nd and 3rd defendants as Chief Olokeogboron of Okeogboron quarter of Supare Akoko South West Ondo State is null and void and of no effect whatsoever as it is against the provisions of Chiefs (Amendment) Edict 1991 and supare…

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