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AMUDA
V.
ADELODUN (1994)

(1994) JELR 43420 (SC)

Supreme Court 16 Sep 1994 Nigeria
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Case Details

Suit Number:SC.227/1988(R)
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:J.O. Ijaodola, Esq For Appellant M.A.O. Sanni, Esq; - Attorney-General, Kwara State (with him, S.A. Mohammed, Director of Civil Litigation, Ministry of Justice, Kwara State) For Respondent
Other Citations:Amuda v. Adelodun (1994) 8 NWLR (Pt. 360)23, (1994) 8 NWLR (Pt. 360) 23, (1994) JELR 78976 (SC)

ADIO, J.S.C. (Delivering the Leading Ruling): The appellant, as plaintiff, instituted an action in the Kwara State High Court of Justice, Ilorin Judicial Division, against the respondents. His claim was as follows:-

"(i) A declaration that he is the rightful Oba Elesha of Oke-Ode having been so appointed by the Oke-Ode kingmakers under the native law and custom of Oke-Ode.

(ii) A declaration that the appointment of 1st defendant by the Military Governor of Kwara State as from 1st May, 1985, is null and void.

(iii) A perpetual injunction prohibiting the 1st defendant from acting, or parading himself as the Elesha of Oke-Ode and the 2nd defendant and other agents and/or servants of the Government of Kwara State from treating the 1st defendant as the Elesha of Oke-Ode."

Pleadings were duly filed and exchanged. The learned trial judge, after giving due consideration to the evidence before him and the submissions made by the learned counsel for each of the parties, dismissed the appellant's cl…

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