Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38908 (CA)    

Court of Appeal  ·  CA/IL/99/2016 ·  3 Jul 2018 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
balogun ajikobi
lower court
cause of action
genealogical tree
personal capacity
trial judge
descendants of aliyu usman
national archives
suit no. kws
emir of ilorin
exhibit ae
orilonise j.
appellants counsel
children of the 1st balogun ajikobi
exhibit h
further evidence
great grandfather of the claimants
late aliyu usman
learned counsel
mallam garba nageri ajikobi
mr. adewale t. olatunde
original statement of claim
pendency of this appeal
said usman baba olobi ajikobi
son of the first balogun ajikobi usman
trial court
1st defendant
alhaji aliyu baba nageri
alhaji usman baba olobis death
argument of the appeal
balogun ajikobi dynasty of ilorin
claims of the respondent
copies of archival documents
descendants of the claimants aliyu usman
descendants of the late aliu usman
exhibits b
high court of kwara state
immediate cause of respondents action
indefinite adjournment of the case
judgment of the high court of kwara state
jurisdiction of the lower court
late alhaji baba olobi ajikobi
late alhaji issa jimoh ajikobi
major issue
members of the balogun family
mr. a. a. ibraheem
mr. aiyegbami
present appellants
present respondent
previous acts

BOLOUKUROMO MOSES UGO, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State delivered by I.B. Garba, J., on the 28th day of July, 2016, granting the claims of the respondent.

By a writ of summons dated 23/09/2008 but filed on 24/09/2008, the present respondent, along with one Mallam Garba Nageri Ajikobi who died during the pendency of this appeal, sued one also now Late Alhaji Baba Olobi Ajikobi claiming against him:

1. A declaration that late Aliyu Usman (Uthman) the great grandfather of the Claimants was a son of the first Balogun Ajikobi Usman (Uthman) Balogun Ajikobi and being the descendants of Aliyu Usman (Uthman) are entitled to all the rights, privileges and Daudu Ipaye and the Balogun Ajikobi whenever same becomes vacant.

2. A declaration that the Defendant cannot exclude or continue to exclude or refuse to consider or forward the name of any of the descendants of the late Aliu Usman (Uthman), one of the children of the 1st …

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