(2004) JELR 45014 (SC)    

Supreme Court  ·  SC.139/2000 ·  9 Jul 2004 ·  Nigeria
Other Citations
Aremo II v. Adekanye (2004) 13 NWLR (Pt.891) 572
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
cause of action
1st defendant
statement of claim
paramount ruler of akungba
writ of summons
court of appeal
1st respondent
3rd defendants
chieftaincy dispute
action of the appellant
learned trial judge
limitation law
set of respondents
brief of argument
chieftaincy matter
ondo state government
ajayi judicial commission of inquiry
jurisdiction of the trial court
occurrence of cause of action
recommendations of ajayi judicial commission of inquiry
1st defendant s.p. adekanye
2nd december
acknowledgment of the cause of action
action of the plaintiff
addresses of both counsel
alale of llale
attorney-general of oyo state
court holds
court lacks jurisdiction
failure of trial court
following grounds
fresh deprivation of the appellant
humble view
issue of justiciability of the action
later date
leading judgment
local government area of ondo state
notice of preliminary objection
ondo high court
ondo state governor
paramount rulership of akungba clan
plaintiff claims
recommendation of that commission of inquiry
said alale omobobokun
title of alakungba of akungba

EDOZIE, J.S.C. (Delivering the Leading Judgment): This appeal emanated from a chieftaincy dispute between the plaintiff. Oba J.A. Aremo II known by the title of Alakungba of Akungba and the 1st defendant S.P. Adekanye designated as the Alale of llale. The dispute is over the headship or paramount rulership of Akungba clan in Akoko South West Local Government Area of Ondo State. The dispute started long ago between 1913 and 1918 when the then colonial administrator accorded recognition to village heads in Akoko District of the then Kabba Division. The plaintiff alleged that one of the 1st defendant's predecessors called.

Alale Omobobokun usurped the position of one of his predecessors as the Alakungba or paramount ruler of Akungba. The said Alale Omobobokun died in 1918 and was succeeded by Alale Ajimo I to whom the colonial administration handed over the 'village book' (a symbol of paramouncy) and other paraphernalia. In 1923 when one of the plaintiffs predecessors was succeeded by Al…

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