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BALOGUN
V.
ADEJOBI & ORS

(1995) JELR 43458 (SC)

Supreme Court 27 Jan 1995 Nigeria
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- Supreme Court upheld the dismissal of the plaintiff’s claims on grounds of estoppel per rem judicatam, holding that the parties, issues, and subject matter had already been finally determined in earlier Suit No. HIF/28/81, to which the pl

Case Details

Suit Number:SC.181/1989
Judges:SALIHU MODIBBO ALFA BELGORE 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 SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and unrepresented For Appellant T.O. Akinrotimi, Esq. -for the 1st Respondent2nd Respondent absent and unrepresented For Respondent
Other Citations:Balogun v. Adejobi (1995) 2 NWLR (Pt.376) 131 (1995) 1 SCNJ 242

OGUNDARE, J.S.C.: (Delivering the Leading Judgment): By paragraph 52 of his very prolix amended Statement of Claim the plaintiff (who is the appellant) claimed from the defendants (now respondents):-

(a) Declaration that the installation and/or coronation of the 1st defendant as the Olowu of Orile-Owu is unlawful, null and void in that he is not a member of the Afelele ruling house whose turn it is to present a candidate for the stool and cannot validly be appointed as Olowu of Orile-Owu.

(b) Declaration that the appointment of the 1st defendant as Olowu of Orile-Owu is inconsistent with and contrary to the Olowu of Orile Owu Chieftaincy Declaration of 1958, as amended by Justice Ademola Commission of enquiry and is therefore null and void and of no effect, in that the 1st defendant is not a member of the Afelele ruling house.

(c) Setting aside the appointment of the 1st defendant as Olowu of Orile-Owu which was approved by the 2nd defendant.

(d) A perpetual injunction restraining t…

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