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OGUNDIPE
V.
ODUWAIYE & ANOR

(2013) JELR 35922 (CA)

Court of Appeal 28 Jan 2013 Nigeria
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Case Details

Suit Number:CA/I/108/04
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria OBIETONBARA DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Counsel:Mr. M. A. Oyajafo For Appellant Mr. M. F. Lana For Respondent

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal questions a Ruling of the High Court of Justice of Ogun State sitting in Sagamu (the court below) in which it struck out the suit of the appellant on ground of non disclosure of the appellant's locus standing to lodge the suit.

Sketchily, the appellant by his writ of summons and accompanying statement of claim claimed some declaratory reliefs that by custom only descendants of Ademike, Odukan, Gbosi and Ogundipe families to the exclusion of the 1st respondent's family are entitled to occupy the traditional stool of Olisa of Makun Sagamu Chieftaincy and for an injunctive relief restraining the 2nd respondent from performing the final traditional installation rites of the Olisa of Makun Sagamu on the 1st respondent.

After pleadings were filed, exchanged and delivered, the respondents filed an application for the striking out of the suit on the premise that the appellant did not disclose the standing to sue in …

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