(2006) JELR 40316 (CA)    

Court of Appeal  ·  CA/IL/39/2001 ·  27 Feb 2006 ·  Nigeria
Other Citations
Awoyemi v. Fasuan (2006) 13 NWLR (Pt.996) pg.86
Awoyemi v. Fasuan (2006) 13 NWLR (Pt. 996) 86
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
prescribed authority
1st defendant
learned trial judge
grounds of appeal
trial court
trial judge
executive council member
customary law
minor chieftaincy
provisions of section
1st appellant
learned counsel
lower court
supreme court
chieftaincy matter
ekiti state
record of proceedings
6th defendants
7th defendants
available evidence
case of chieftaincy review commission
chief ajayi adunse ogidiolu
decision of the lower court
further order of injunction
next odofin of erin mope-ekiti
notice of preliminary objection
ondo state
order of injunction
relevant provisions of the chiefs law
careful consideration of the dispute
consent of both counsel
high court of justice ijero-ekiti
hon. court lack jurisdiction
issue of jurisdiction of the lower court
issue of the incompetency of the action
joint briefs of argument
late odofin of erinmoye
leading judgment
motu raise
notice of appeal
oba of erin
preliminary facts
right person
rules of this court
said oba
selection of the 1st defendant
vacant odofin chieftaincy

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The respondent, Ajayi Fasuan, who was the plaintiff in the High Court of Justice Ijero-Ekiti, herein called the lower court, claimed against the appellants in his statement of claim dated 2nd April, 1997 as follows:

"Whereof the plaintiff's claim is:

1. Declaration that after passing away of Chief Ajayi Adunse Ogidiolu, the late Odofin of Erinmoye it is turn of Okuta Elu of Ile-Awe branch of Ibamogun ruling House to present the next Odofin of Erin Mope-Ekiti.

2. Declaration that purported selection of the 1st defendant as the next Odofin of Erin Mope-Ekiti is irregular, illegal and/or violation of the customs and tradition of the Odofin family and therefore null and void and of no effect whatsoever.

3. An order of injunction restraining the 2nd to 7th defendants, themselves, their servants and/or agents from recognizing, appointing and installing the 1st defendant as Odofin of Erin Mope-Ekiti.

4. A further order of injunctio…

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