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LADEJOBI
V.
OGUNTAYO

(1999) JELR 57467 (CA)

Court of Appeal 1 Dec 1999 Nigeria
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- The case involves a dispute over the Ajalorun of Ijebu-Ife chieftaincy title. - The 1st, 2nd, 3rd, and 4th plaintiffs filed a lawsuit against the 1st to 9th defendants on behalf of the Afurukeregboye Ruling House of Ijebu-Ife. - The plain

Case Details

Suit Number:CA/I/159/95 .
Judges:M. OMOTAYO ONALAJA, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA
Counsel:A. A. Akinyemi - for the Appellants. -*- Prince Bambo Adesanya - for the 1st Respondent. A -*- A. O. Osinuga - for 2nd - 7th Respondents. -*- Mabekoje (Counsel, Ogun State Ministry of Justice) - for 8th and 9th Respondents.

ONALAJA, JCA (Delivering the Lead Judgment): The 1st, 2nd, 3rd and 4th plaintiffs issued a writ of summons for themselves and on behalf of the Afurukeregboye Ruling House of Ijebu-Ife against the 1st to 9th defendants and served the statement of claim along with the writ of summons. Following the now accepted principle of law that a statement of claim supersedes the particulars in the writ of summons.

In paragraph 14, which is the concluding paragraph of the statement of claim, the plaintiffs averred as follows:-

“14. Whereof the plaintiffs’ claim against the defendants as follows:-

1. A declaration that the 1st defendant is not bonafide member of the Afurukeregboye Ruling House of Ijebu- Ife.

2. A declaration that the 1st defendant is not qualified or competent to be nominated to or occupy the stool of the Ajalorun of Ijebu-Ife by virtue of the Ajalorun of Ijebu-Ife Chieftaincy Declaration.

3. An order setting aside the purported nomination and selection of the 1st defendant to occupy …

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