(2022) JELR 109137 (CA)    
Court of Appeal  ·  CA/AK/199/2017 ·  21 Jan 2022 ·  Nigeria
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA
Core Terms Beta
chieftaincy declaration
learned trial judge
appellants’ counsel
customary law
content of exhibit
baale of aato
court of trial
effect of the recognized chieftaincies
learned counsel
suit no. hog
trial court
favour of the respondents
notice of appeal
ruling house
trial judge
2nd defendants
alaato of aato chieftaincy declaration
appointment of the baale of aato
lone issue
new baale of aato
next ruling house
oniwepe ruling house
order of perpetual injunction
subsisting declaration of the custom of aato people
vacant stool of alaato
2nd respondents’ oniwepe entitlement
5th february
5th respondents’ brief
amended declaration
appellants' brief
baale of ato chieftaincy stool
chief bayo lawal
chieftaincy of alaato
clear evidence
contents of exhibit
contents of the document
documentary evidence supports
existing registered declaration
existing registered declaration of august
judgment of the oyo state high court
no. cd8
question of customary law
statutory authority

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment) 

This appeal is against the decision of the Osun State High Court Coram J. O. Ogunleye J, delivered on the 24th day of April, 2017 wherein the Court granted the following reliefs in favour of the Respondents as per their further amended statement of claim dated 5th February, 2013 and filed on 7th February, 2013 thus:

(1) I hereby declare that the Chieftaincy Declaration to the Baale of Aato registered on 13th day of August, 1958, is the subsisting Declaration of the custom of Aato people regulating the selection and appointment of the Baale of Aato in Ejigbo Local Government.

(2) I hereby declare that on the death of Oba Sunmonu Jaiyeola on 14th May, 1990, the next ruling house from which a candidate is to be selected and appointed is the ONIWEPE Ruling House whose right immediately vested.

​(3) I hereby declare that the letter dated 8th May, 1996, Ref. No. CD8/13/T/63 from the office of the 1st and 2nd Defendants to the 3rd De…

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