(2004) JELR 45010 (SC)    

Supreme Court  ·  SC.106/2000 ·  28 May 2004 ·  Nigeria
Other Citations
Jolayemi v. Alaoye (2004) 12 NWLR (Pt.887)322 (2004) 18 NSCQR 682
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
imoji compound
court of appeal
imode compound
2nd defendant
learned trial judge
statement of claim
1st defendant
ejemu alaran stool
high court
lower courts
present site
3rd plaintiff
leading judgment
contents of exhibit d
decision of the court of appeal
decision of the trial court
document exhibit d1
ejemu alaran chieftaincy stool
ejemu alaran chieftaincy stool of arandun
ejemu alaran of arandun
family compound of the plaintiffs
hold chieftaincy title
name imoji compound
applicable arandun
appointment of any member of the imoji family
chieftaincy title ejemu
compound of the 1st defendant
considered opinion
documentary evidence
evidence of dw1
evidence oral
exhibit d.
following issues
installation of the 1st defendant
judgment of the trial
last ejemu jimoh oyebanji
learned counsel
movement of people
present alaran 2nd defendant
said esarun adeoti
said findings
sale administrator ahmed adaji
sole responsibility of moji
tender document of the alaran
vacant ejemu alaran stool of arandun

KALGO, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Ilorin Division, Ilorin, in which it affirmed the judgment of the trial High Court holden at Omu-Aran, in the Omu-Aran Judicial Division of Kwara State. According to paragraph 31 of the statement of claim, the appellants who were the plaintiffs at the trial, claimed against the respondents, jointly and severally for:-

"i. Declaration that under the applicable native law and custom at Arandun, it is only the family compound of the plaintiffs by name Imoji compound that is entitled to present candidate(s) to fill any vacancy in the Ejemu Alaran chieftaincy stool of Arandun.

ii. Declaration that the family/compound of the 1st defendant that is: Imode compound has no right to present any candidate to fill any vacancy in the Ejemu Alaran chieftaincy stool.

iii. Declaration that the 1st defendant is ineligible and not qualified to be selected, appointed and installed as the Ejemu A…

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