(1995) JELR 44689 (SC)    

Supreme Court  ·  SC.72/1989 ·  20 Jan 1995 ·  Nigeria
Other Citations
Lipede v. Sonekan (1995) 1 NWLR (Pt.374)668 (1995) 1 SCNJ 184
Lipede v. Sonekan (1995) 1 NWLR (Pt. 374) 668
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
chiefs law
ashipa egba chieftaincy
ashipa egba
learned trial judge
3rd appellant
court of appeal
high court
recognised chieftaincy
trial court
appointment of a candidate
itoko customary law
ashipa egba chieftaincy title
balogun line of chiefs
jagunna line of chiefs
virtue of section
6th appellants
customary law of itoko
supreme court
virtue of w.s.l.n. no.6
1st may
2nd appellant
2nd defendant
appointment of the 1st plaintiff
holder of the chieftaincy title of ashipa egba
minor chieftaincy title
only customary law
purported appointment of the 3rd defendant
respect of the ashipa egba chieftaincy title
statutory duty
such appointment
chiefs law cap
decision of the learned trial judge
facts of this case
filling of the vacant title of ashipa egba
following persons
laws of western region of nigeria
leading judgment
member of the egba chieftaincy committee
notice of appeal
ogun state high court
part of the customary law
registered chieftaincy declaration
respect of ashipa egba vide exhibit
said decision
specific issue
western state legal notice no.6

ONU, J.S.C. (Delivering the Leading Judgment): The plaintiffs' (herein respondents') claim against the six defendants (2nd to the 6th, who are now appellants herein) contained in their Writ of Summons filed in the Ogun State High Court and dated 19th of July, 1984, is as follows:-

"(a) A declaration that the Itoko Customary Law in Abeokuta affirmed in writing by the Chiefs and people of the area in 1958 and 1968 on the appointment of a candidate to the Ashipa Egba Chieftaincy Title classified as a minor chieftaincy Title is to the effect that such appointment has to be made in rotation between the Balogun line of Chiefs and the Jagunna line of Chiefs both of Itoko Abeokuta.

(b) A declaration that the application of the 1957 registered declaration in respect of the Ashipa Egba Chieftaincy Title has been revoked by virtue of W.S.L.N. No.6 of 1976 and that the purported appointment of the 3rd defendant as Ashipa Egba from 1st May, 1984, made mala fide by the 2nd, 3rd, 5th and 6th defend…

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