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ATOLAGBE & ANOR
V.
AWUNI & ORS

(1997) JELR 48026 (SC)

Supreme Court 4 Jul 1997 Nigeria
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- The case involves a chieftaincy dispute and the appellants' claim against the respondents. - The respondents filed a motion to dismiss the claim based on the appellants' failure to deposit the required sum of money before filing the suit.

Case Details

Suit Number:SC.32/1994
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Chief P.A.O. Olorunnisola, SAN (with him,S.O. Jimoh) For Appellant Chief Wole Olanipekun, SAN (with him,A. Adelodun, O. Olanipekun and M. Paul (Miss))Alhaji M.A. Sani, Attorney-General of Kwara State (with him, S.A. Mohammed, Acting Director of Civil Litigation, Ministry of Justice, Kwara State) For Respondent
Other Citations:(1997) 9 NWLR (Pt. 522) 536, Atolagbe v. Awuni(1997) 9 NWLR (Pt.522)536

M. L. UWAIS, CJN (Delivering the Leading Judgment): In the High Court of Kwara State, the appellants herein were plaintiffs and the respondents herein and one other (The Commissioner for Chieftaincy Affairs, Kwara State) were defendants. The claim brought by the plaintiffs, which was based on chieftaincy dispute, was for the following declarations:-

"1. That the purported appointment of Alhaji Ahmadu Awuni as the Elese of Igbaja by the 3rd defendant is contrary to the native law and custom of Irese land relating to the appointment of an Elese, contrary to-the Elese of Irese (Confirmation of Declaration) Edict, 1987 and contrary to all known laws relating to the selection and appointment of an Elese of Irese land and is therefore null and void.

2. That the 1st plaintiff is the proper and rightful person to be appointed the Elese of Ireseland having been selected by the Abidolu Royal Families, the Irese Kingmakers and (in accordance with the Elese of Irese (Confirmation of Declaration) …

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