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JOLAYEMI & ORS.
V.
ALAOYE & ANOR.

(2004) JELR 45010 (SC)

Supreme Court 28 May 2004 Nigeria
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Case Details

Suit Number:SC.106/2000
Judges: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
Counsel:F. R. A. Williams, Jor. (with him, Femi Abifarin, Esq.) For Appellant Chief P. A. O. Olorunisola, SAN (with him, B. S. Jibril, Esq.) For Respondent
Other Citations:Jolayemi v. Alaoye (2004) 12 NWLR (Pt.887)322 (2004) 18 NSCQR 682

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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