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AWOYEMI & ORS.
V.
FASUAN

(2006) JELR 40316 (CA)

Court of Appeal 27 Feb 2006 Nigeria
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Case Details

Suit Number:CA/IL/39/2001
Judges: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
Counsel:Mr. T. O. S. Gbadeyan, Esq. (with him, S. A. Obafemi and Yewande Ashiru [Miss]) For Appellant Mr. Kayode Olatoke, Esq. (with him, D. A. Ariyoosi and Chief D. O. Bello For Respondent
Other Citations:Awoyemi v. Fasuan (2006) 13 NWLR (Pt.996) pg.86

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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