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OLANIYI
V.
AROYEHUN & ORS.

(1991) JELR 43028 (SC)

Supreme Court 5 Jul 1991 Nigeria
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- The case involves a dispute over the succession to a chieftaincy. - The plaintiff claims that the appointment of the 8th defendant as the Oba of Ira was illegal and void. - The defendants argue that the appointment was made in accordance

Case Details

Suit Number:SC.9/1989
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Counsel:A. Aremu (with him, A.A. Awonuse) For Appellant Chief Wole Olanipekun -for the 1st to 7th Respondents.S.O. Otu, Ag. Director of Civil Litigation, Ministry of Justice, Kwara State - for the 8th respondent. For Respondent
Other Citations:Olaniyi v. Aroyehun (1991) 5 NWLR (Pt.194)203 ( 1991) 7 SCNJ 40 (1991) 7 S.C (Pt I) 1

M. BELLO, C.J.N. (Delivering the Leading Judgment): The dispute in the case on appeal is concerned with the succession to the chieftaincy of Onira of Ira otherwise known as the Oba of Ira. Oba Oyelola, the former Chief died on 11th February 1963. According to the Statement of Claim, on 23rd February, 1963, the 1st to 7th Defendants, who are the Respondents in this appeal, appointed and installed the 8th Defendant, who is the 8th Respondent herein, as the Oba of Ira and took him to the Emir of Ilorin where he was formally turbaned.

The plaintiff, who is a prince of Ira and a member of the Oyenike Ruling House of Ira, and whose ambition to succeed Oba Oyenike was frustrated by the appointment of the 8th Defendant, Chief Joseph Moronfoye, instituted the suit in this appeal in the High Court of Kwara State on 15th November, 1984, claiming against the Defendants jointly and severally a declaration that the purported appointment, installation and turbaning of the 8th Defendant as the Oba o…

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