(2002) JELR 44561 (CA)    

Court of Appeal  ·  CA/I/147/97 ·  14 Mar 2002 ·  Nigeria
Other Citations
Oduyoye v. Lawal [2003] 3 NWLR (Pt.807)432
Oduyoye v. Lawal (2003) 3 NWLR (Pt. 807) 432
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
exhibit b
prescribed authority
baale of imodi
minor chieftaincy
appellate court
trial court
ekeji-ilu of imodi-ijebu
2nd defendant
3rd defendant
record of appeal
statement of claim
1st plaintiff
chiefs law of ogun state
declaratory reliefs
grounds of appeal
probative value
chiefs laws of ogun state
view of exhibit b
3rd respondents
appointment of the 1st plaintiff
behalf of other members of iselu family
brief writing appellants
cases of j.o. lahan v
chieftaincies order wrln
conclusion of trial
customary law of the community
defence of the action
ekeji-ilu of imodi chieftaincy
ekeji-ilu of imodi-ljebu
findings of facts
high court of justice of ogun state
iselu produces
leading judgment
learned counsel
leave of court
making of exhibit b
members of iselu family of imodi-ijebu
practice of this court
recognised chieftaincy
registered declaration
rules of this court
set aside
violation of the applicable custom of imodi-ijebu

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs are members of Iselu Family of Imodi-Ijebu and brought the action in a representative capacity for themselves and on behalf of other members of Iselu Family aforesaid by a writ of summons issued in the High Court of Justice of Ogun State in Ijebu-Ode Judicial Division holden at Ijebu-Ode against the 3rd defendant individually but as against the 2nd defendant the Awujale of Ijebuland as the prescribed authority for the minor chieftaincy dispute of Ekiti-Ilu of Imodi-Ijebu.

After issuance of the writ of summons by the plaintiffs, it was served individually on the defendants who retained a joint legal practitioner for their defence of the action. Pleadings were filed, delivered, exchanged and amended. At the conclusion of trial the action concluded on amended statement of claim, amended statement of defence and reply to statement of defence which was not amended as a result of the amended statement of defence as an amended…

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