(2000) JELR 43950 (CA)    

Court of Appeal  ·  CA/IL/84/99 ·  7 Jun 2000 ·  Nigeria
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
4th defendant
yusuf babatunde anisu
preliminary objection
3rd defendants
olosan of osan-ekiti
interlocutory injunction
interlocutory order
leading judgment
lower court
useful purpose
interlocutory appeal
13th day of december
above ruling
final determination of the substantive suit
olatunde esq
substantive case
1st plaintiff
considered judgment
defiance of the order
enrolled order
executive governor of ondo state
ex parte motion
flagrant disobedience of the court order
following cases
following terms
grant of an interlocutory injunction
hearing of the appeal
high court
interim order of a court
interlocutory injunction mean
latin words
learned trial judge
life span
ondo high court
ondo state government
order of interlocutory injunction restraining
order of the court
patrick ibe amaizu
peter egbe
prince adeleke osayomi
state government
substance of the interlocutory order
throne of olosan of osan-ekiti
view of the learned counsel
walter samuel nkanu onnoghen

PATRICK IBE AMAIZU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of Ajayi, J., of the then Ondo High Court, sitting at Ijero-Ekiti Judicial Division. The ruling was delivered on the 13th day of December, 1994.

Briefly, the facts that gave rise to the appeal are as follows:-

The throne of Olosan of Osan-Ekiti was vacant. It appears there were two principal contestants to the throne, namely: Prince Adeleke Osayomi and Yusuf Babatunde Anisu. The then Ondo State Government in its wisdom recognised the selection of Yusuf Babatunde Anisu as the Olosan of Osan-Ekiti. The State Government went on to fix the 30th day of April 1994, as the day it would hand over the staff of office to Yusuf Babatunde Anisu.

The supporters of Prince Adeleke Osayomi were not happy with the recognition. They initiated proceedings in the High Court against the government and Yusuf Babatunde Anisu.

By a writ of summons dated 6th day of July, 1993, and filed on 8th day of July, 1993…

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