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FALOWO
V.
BANIGBE & ORS

(2007) JELR 48039 (CA)

Court of Appeal 20 Feb 2007 Nigeria
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Case Details

Suit Number:CA/A/115/2003
Judges:OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHIDIEBERE NWAOMA UWA Justice of The Court of Appeal of Nigeria
Counsel:Alhaji Y Alli SAN with him Messer K K Beja, SA. Oke, M.I. Adekilekun, M.B.Kawu (Mrs.) and V. Udenze (Mrs.) For Appellant Mr. Olorunmisola SAN with him Mr. Fajenyo, O.I OlarunnisolaMr. Tayin PinheiroMr. R. Ibrahim for Mr. J. I. Bamigboye For Respondent

OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): These appeals are from the judgment of the High Court of Justice Kwara State Ilorin Judicial Division delivered on the 5th of April 2001. In the suit No: KWS/OM/04/93 at the Ilorin High Court, the appellant Chief Samuel Adebisi Falowo was the 1st defendant while the 1st Respondent Oba Omoniyi Banigbe was the plaintiff, the 2nd - 4th Respondents, Attorney-General Kwara State Ifelodun/Irepodun/Ekiti Traditional Council were 2nd - 3rd Respondents. The 4th Respondent Irepodun Local Government was joined by Order of the trial court on 13/12/93. The plaintiffs claimed against the defendants as per the Writ of Summons filed on 27/7/93 and paragraph 27 of the statement of claim for declaration as follows:-

(I) That he has been duly appointed the Olusin of Ijara/Iji Isin in accordance with Native Law and Custom of Ijara Isin

(II) The 3rd respondent's advice is not compellable on anybody and is not justifiable.

(III) The O…

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