(2003) JELR 44803 (SC)    

Supreme Court  ·  SC.76/1999 ·  23 May 2003 ·  Nigeria
Other Citations
Mosojo v Oyetayo (2003) 13 NWLR (Pt.837) 340 (2003) 5 S.C 134 (2003) 5 S.C 134
Mosojo v. Oyetayo (2003) 13 NWLR (Pt. 837) 340
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
cause of action
1st defendant
obasinkin chieftaincy
chieftaincy declaration
court of appeal
exhibit d
native law
custom of ila-orangun
high court
perpetual injunction
8th defendants
judgment of the court of appeal
obasinkin of ila-orangun
ila orangun
installation of mr. thomas adesola oyetayo
judgment of the trial high court
miscellaneous provisions
obasinkin of ila
respect of the chieftaincy
set aside
virtue of the recognised chieftaincies
above judgment
a. i. katsina-alu
appointment of the 1st defendant
brother kutigi
chiefs law of the former western state
considered judgment
costs of n10,000.00
d. musdapher
e. o. ayoola
exclusion of other customary usage
following issues
following orders
high court of justice holden
i. l. kutigi
leading judgment
learned trial judge
leave of court
n. tobi
order of the court
reserved judgment

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice holden at Oshogbo, the plaintiff sued the defendants claiming as follows:

1. Declaration that the appointment and installation of Mr. Thomas Adesola Oyetayo (that is 1st defendant) by the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th defendants, as the Obasinkin of Ila is contrary to the native law and custom of Ila-Orangun and is therefore null and void.

2. Perpetual injunction restraining the 1st defendant from acting and or parading himself as the Obasinkin of Ila-Orangun.

3. Perpetual injunction restraining the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th defendants from recognizing the 1st defendant as the Obasinkin of Ila-Orangun.

4. An order of the court setting aside the Chieftaincy Declaration in Ila as affecting the Obasinkin Chieftaincy in Ila Orangun and to declare the same as being contrary to native law and custom of Ila Orangun and therefore null and void.

Pleadings were ordered, filed and e…

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