(2004) JELR 45069 (CA)    

Court of Appeal  ·  CA/IL/18/2002 ·  5 Jul 2004 ·  Nigeria
Other Citations
Gov., Ekiti State v. Osayomi (2005) 2 NWLR (Pt.909)67
Gov., Ekiti State v. Osayomi (2005) 2 NWLR (Pt. 909) 67
ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria JA’AFARU MIKA’ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
trial court
2nd appellants
2nd defendants
statement of defence
5th appellants
5th defendants
25th may
preliminary objection
3rd defendant
final address
learned trial judge
1st issue
statement of claim
supreme court
1st plaintiff
brief of argument
cross-examination of the plaintiffs
following words
19th may
1st defendant
1st july
3rd defendants
8th march
above averment of the learned counsel
above ground
appointment of the 6th defendant julius ogunkayo
case of the military administrator of benue state
conduct of proceedings
court of appeal rules
denial of fair hearing
fair trial
hearing of the case
hon. justice sir l.b. awe
issue calls
leading judgment
ondo state high court
page 397a of the record of proceedings
provision of order
provisions of order
regalia of the said olosan of osan chieftaincy
rules of this court

MIKA'ILU, J.C.A. (Delivering the Leading Judgment): By way of writ of summons, an action was instituted against the appellants as defendants by the respondents as plaintiffs at Ondo State High Court. The claim against the appellants was for the following:

1. A declaration that from time immemorial and up till time of taking this action, the traditional kingmakers for the selection and appointment of Olosan of Osan are Chief Obalapa, Chief Odojin and Chief Obaoye of Osan.

2. A declaration that the appointment of the 6th defendant Julius Ogunkayo, as a warrant Chief by the 1st defendant, whilst the incumbent holder, Chief Totime Adeoye Obalapa is alive and capable, ready and willing to perform such functions is unwarranted and against the Native Law and Custom of Osan-Ekiti.

3. A declaration that the 1st plaintiff has been duly selected by the majority of the Kingmakers as the Olosan of Osan since 1988 in accordance with the Native Law and Custom of Osan-Ekiti.

4. A declaration that th…

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