(2014) JELR 40018 (CA)    

Court of Appeal  ·  CA/I/57/1997 ·  6 Feb 2014 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
trial court
1st appellant
learned counsel
learned trial judge
lower court
alao olomo
1st defendant
1st plaintiff
member of the family
evidence act
present case
2nd defendant
contention of the learned counsel
member of jagun-ibagbe family
mogaji of jagun ibagbe family
second issue
third issue
appellants e. abiodun esq
claims of the plaintiffs
evidence of nomination of the 1st appellant
first issue
mogaji of jagun-ibagbe family
wrong decision
alaki v. shaako
appellants mr. abiodun
appointment of the 1st defendant
background facts
claims of the appellants
decided issue
determination of this appeal
evidence of the first witness
final analysis
judgment of the oyo state high court
last mogaji of the family
late yesufu opaniyi ibitokun
leading judgment
nominated head of the family
part of the case of the appellants
proper prosecution of this case
submission of the learned counsel

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court presided over by A. Adeniran, J, sitting at Ibadan delivered on 29th March, 1995 in which the claims of the Plaintiffs (now Appellants) were dismissed.

The Plaintiffs claimed against the Defendants jointly and severally (now Respondents) in the lower court as follows:-

(a) "Declaration that the 1st Defendant is not entitled to present himself to the 2nd Defendant for appointment as the Mogaji of Jagun Ibagbe Family as he (1st Defendant) is not a member of the family.

(b) Declaration that the 1st plaintiff was lawfully nominated in the meeting held on 11/6/89 as the person to be appointed by the 2nd Defendant as the Mogaji of Jagun-Ibagbe family.

(c) Declaration that the 1st plaintiff is the person entitled to be appointed as the Mogaji of Jagun Ibagbe Family in succession to late Yesufu Opaniyi Ibitokun who was the last Mogaji of the family.

(d) Perpetual Inju…

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