(2006) JELR 46244 (CA)    

Court of Appeal  ·  CA/I/36/2002 ·  24 Apr 2006 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria GETRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior counsel
1st defendant
1st respondent
olisa of ijebu-ode
aboki ruling house
trial court
local government
locus standi
supreme court
issue of locus standi
ogun state executive council
rade family
trial judge
behalf of the 1st respondent
lower court
behalf of the appellant
member of the demoku
transcript record of appeal
2nd plaintiff
chiefs law cap
head of the demoku
late chief stephen babalola kuku
laws of ogun state of nigeria
meeting of the ruling house
vacant stool of olisa of ijebu-ode
above opinion
acceptance of the kingmakers of a nominated candidate
due determination of this appeal
high court of justice
issue no.1
issue no.2
issue of the incompetence of the action
leading judgment
letter reference no.
meeting of the said ruling house
membership of the appropriate ruling house
ogun state government
ogun state of nigeria
purported installation of the 1st defendant
purported presentation of the 1st defendant
relevant facts
see senator abraham adesanya v
similar point
totality of the evidence of traditional history
trial lead evidence

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment):This is an appeal against the judgment delivered by Osidipe, J. while sitting at the High Court of Justice, Abeokuta, Ogun State of Nigeria on 2nd August, 2001. The learned trial judge dismissed the Plaintiff/Appellant's claims against the Defendants/Respondents in their entirety.

The reliefs sought by two surviving Plaintiffs against the Defendants can be found in paragraph 43 of the 2nd further amended statement of claim at pages 73-74 of the transcript record of appeal. It is apt to reproduce same as follows:-

"43. WHEREOF the Plaintiffs claim jointly and severally against the Defendants:-

"(i) A declaration that the 1st defendant is not a member of the Demoku/Aboki Ruling House of the Olisa of Ijebu-Ode Chieftaincy and that he is therefore not entitled to be nominated and/or appointed as the Olisa of Ijebu-Ode.

(ii) A declaration that the Late Chief Stephen Babalola Kuku was neither the Head of the Demoku/Aboki Ruling H…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login