(2002) JELR 44563 (CA)    

Court of Appeal  ·  CA/I/160/95 ·  21 Nov 2002 ·  Nigeria
Other Citations
Arowolo v. Akapo [2003] 8 NWLR (Pt.823)pg. 451
Arowolo v. Akapo (2003) 8 NWLR (Pt. 823) 451
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
2nd defendant
oba of itele
local government
ogun state
3rd defendants
1st pw
descendant of adogun-atele
amended statement of claim
adogun-atele family
installation of 1st defendant
installation of the 1st defendant
laws of ogun state
learned trial judge
chieftaincy title of oba of itele
claims of the plaintiff
ota high court
statement of the 3rd defendant
title of oba of itele
ado odo
alagbeji ruling house
behalf of adegun atole family
behalf of adogun atele family
concluding paragraph of the statement of claim
cross-examination of olaforikan
edo state v
first oba of the itele town
following deities
following ruling houses
judgment of the learned trial judge
letter chm
oba of itele chieftaincy title
oba of itele title
plaintiff claims
previous suit no. hct
rigorous cross-examination
stool of oba of itele
traditions of itele town
years of the obaship system
years of the plaintiff

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff commenced this action by an ex-parte motion at the High Court of Ogun State Ota Judicial Division holden at Ota High Court wherein he sought and was granted leave to file the suit in a representative capacity for and on behalf of Adegun Atole Family against the 1st, 2nd and 3rd defendants. Consequential to the grant of the prayer to sue in a representative capacity, the plaintiff issued the writ for and on behalf of Adogun Atele Family against the 1st, 2nd and 3rd defendants who were served individually and personally. After services, the plaintiff and defendants exchanged pleadings which were delivered and amended. At the conclusion of trial pleadings were based on the amended statement of claim, 2nd further amended statement of defence for the 1st defendant and amended statement of the 3rd defendant. All the amended pleadings are referred to in this judgment as statement of claim. The statement of defences for the 1st,…

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