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FUNMILAYO & ORS
V.
FOLORUNSO & ANOR

(2014) JELR 40018 (CA)

Court of Appeal 6 Feb 2014 Nigeria
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Case Details

Suit Number:CA/I/57/1997
Judges: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
Counsel:Appellants served but absent. For Appellant J. O. A. Ajakaiye Esq. with Mrs. Olajumoke Adeleke For Respondent

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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