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FABIYI
V.
ADENIYI & ORS

(2000) JELR 47955 (SC)

Supreme Court 5 May 2000 Nigeria
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- This case involves a dispute over the headship of the Ile-Ire district and representation in the Ifelodun-Irepodun Traditional Council. - The plaintiff, who claims to be the head of the Ile-Ire district, filed a lawsuit against the defend

Case Details

Suit Number:SC.116/1994
Judges:SALIHU MODIBBO ALFA BELGORE, JSC SYLVESTER UMARU ONU, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC UMARU ATU KALGO, JSC EMMANUEL OLAYINKA AYOOLA, JSC
Counsel:J. O. Ijaodola, Esq. For Appellant Respondents absent and not represented. For Respondent
Other Citations:(2000) 6 NWLR (Pt. 662) 532, Fabiyi v. Adeniyi (2000) 6 NWLR (Pt.662) 532 (2000) 5 S.C 31 (2000) 6 W.R.N 41 S.C

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Kaduna Division which on 30th April, 1992 unanimously reversed the decision of Orilonise, J. sitting at the High Court of Kwara State, Omuaran wherein the Plaintiff, herein Appellant, claimed against the defendants/respondents, jointly and severally for a declaratory order:-

"(1) That the plaintiff is the head of the Ile-Ire district and that he is the rightful title holder to represent Ile-Ire district in the Ifelodun-Irepodun Traditional Council.

(b) A perpetual injunction prohibiting the first defendant from parading himself or doing any act which may give false impression that he is the head of lle-Ire the 2nd and 3rd defendants and their servants and or agents from so treating the 1st defendant."

After pleadings had been ordered, filed and exchanged by the parties, the appellant called one witness in proof of his claim while the defence called two witnesses. Some documents were…

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