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OLANIPEKUN & ANOR.
V.
OLANIPEKUN & ANOR.

(2013) JELR 35669 (CA)

Court of Appeal 19 Jun 2013 Nigeria
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- The appeal arose from the Ondo State High Court’s interlocutory decision setting aside both the selection/appointment of the 2nd Appellant as Zaki of Arigidi by the kingmakers (28/10/2008) and the subsequent approval by the Ondo State Exe

Case Details

Suit Number:CA/AK/102/2011
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR B. GUMEL Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Counsel:Mr. O. O. Fakunle SAN with Mr. A. L. Saliu,Miss O. O. Olabiwonnu and Miss Y. O. Falayan For Appellant Mr. F. Omotosho with Mrs. Yetunde Ademogoke andMr. O. S. Olonimoyo for the 1st Respondent.Mallam Gani Ashiru with Mrs. A. Akinjobi for the 2nd Appellant For Respondent

ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Ondo State High Court delivered on 25th July, 2011, in Suit No. HIK/102/2008.

The Appellants were respectively the 1st and 4th Defendants in the action filed by the within named 1st Respondent as the plaintiff. The substantive claim of the plaintiff/1st Respondent is predicated on a number of declaratory and injunctive reliefs on the 1989 Zaki of Arigidi - Akoko Registered Chieftaincy Declaration. The 2nd Respondent herein, as the 2nd Defendant, also counter-claimed substantially the same reliefs as those of the Plaintiff/1st Respondent.

In a motion on notice dated and filed on 28/10/2008, the plaintiff/1st Respondent, as the Applicant sought for the following 5 main reliefs. They are:-

"1. AN ORDER of this Honourable court retraining the first defendant/respondent from taking further steps towards the appointment of anybody as Zaki of Arigidi pending the final determination of…

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