AMOO & ORS.
V.
IYANDA & ANOR.

(1997) JELR 45434 (CA)    

Court of Appeal  ·  CA/K/228/94 ·  29 Jul 1997 ·  Nigeria
 · 
Other Citations
Amoo v. Iyanda (1997) 11 NWLR (Pt.526)
Amoo v. Iyanda (1997) 11 NWLR (Pt. 528) 298
CORAM
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
case
learned trial judge
senior counsel
appellants
trial court
issues
appeal
baale of alasoro
supreme court
end of the day
3rd plaintiff
2nd defendant
baale of alasoro title
chronic afflictions
issue of jurisdiction
local government of kwara state
native law
amended statement of claim
considered judgment
custom of alasoro village
date of the hearing of the appeal
decision of the trial court
desirable parties
different position
eldest male descendant of the founder of alasoro
express consent of the majority of the community
express purpose
facts of the case
families of akanle
following declarations
full trial
heavy weather
important findings
kingmakers of alasoro
kwara state chiefs appointment
kwara state high court
leading judgment
majority of the kingmakers of alasoro
order of the court
prior approval
purpose of clarity
refusal of the learned trial judge
rightful baale of alasoro
rightful person
seniors
statutory mandatory deposit of n10,000
supreme court decision
uncontested appeal
view of the foregoing
village head

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs took out a writ of summons before the Kwara State High Court at Omu-Aran, seeking the following declarations against the respondents.

"The plaintiffs are seeking declarations that:-

(1) By native law and custom of Alasoro Village in Ifelodun Local Government of Kwara State the eldest male descendant of the founder of Alasoro is the rightful person to be made Baale of Alasoro.

(2) That a person cannot become the Baale of Alasoro without the prior approval and express consent of the majority of the community and or of the kingmakers of Alasoro.

(3) That no Elese has the power to recognize and or approve any person as the Baale of Alasoro without such person having been presented by the majority of the kingmakers of Alasoro and or the majority of the Alasoro community AND

(4) An order of the court compelling the 2nd defendant to recognize the 3rd plaintiff as the rightful Baale of Alasoro."

Again in an am…

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