IN RE: OGUNGBIRE
V.

(2018) JELR 38844 (CA)    

Court of Appeal  ·  CA/IB/M.261/2008(R) ·  19 Jun 2018 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicant
appeal
application
motion
counsel
party
order
original first respondent
personal capacity
ruling house
court of appeal rules
ors v
behalf of the ige ruling house of the elero
deceased 1st respondent
elero of ilero
honourable court
kwara state
lead ruling
local government
lower court
1st 3rd respondents
1st 4th respondents
a. k. adebayo
amended elero of ilero chieftaincy declaration
applicant hail
blacks law dictionary 8th edition
case of afolabi
case of ladejobi
cases of ojukwu v
chieftaincy title
co-defendants
demise of the original first respondent
elero of ilero chieftaincy
extant 1st 4th respondents
fifth respondent
governor of oyo state
hearing of the appeal
high court of justice oyo
interest of his ruling house
interest of the labiyi ruling house
necessary party
notice of appeal
proper consideration of the application
respect of a chieftaincy matter
rights of the said ige ruling house
substitution of parties
such further order
vested interest
virtue of their offices

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Lead Ruling): This Ruling pertains to a Motion on Notice filed by the Applicant (Prince Oyebisi Ogungbire). The Motion was dated the 23/01/2018 and filed on the 03/01/2018. By the Motion on Notice, the Applicant sought the following relief(s):

1. An Order adding the Applicant as a party to the Appeal and to be designated the fifth Respondent, and for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

The Grounds upon which the relief(s) are sought are that:

1. The Chieftaincy title in dispute is the Elero of Ilero Chieftaincy, a Recognized chief in the Kajola Local Government Council of Oyo State, filling of which is governed by the 1981 Amended Elero of Ilero Registered Chieftaincy Declaration.

2. The Original First Respondent (Oba Solomon Dokun Ajayi Labiyi IV; The Elero of Ilero) as Plaintiff at the lower Court, that is the High Court of Justice Oyo


commenced this action in his personal capacity …

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