(2005) JELR 45164 (SC)    

Supreme Court  ·  SC.25/2001 ·  8 Jul 2005 ·  Nigeria
Other Citations
Owoseni v. Faloye [2005]14 NWLR (Pt.946)719
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
prescribed authority
1st defendant
court of appeal
chiefs edict
chieftaincy affairs
2nd plaintiff
local government of ondo state
lower court
okiti of iju
charge of chieftaincy matters
first defendant
high court
2nd appellant
learned trial judge
chief oniseri of iseri quarters of iju
common ground
minor chieftaincy tussles
purported appointment
receipt of the notification make representation
resolution of disputes
second defendant
set aside
action of the respondent
address of counsel
bounden duty of the trial court
chief of iseri quarter of iju
chief onisen chieftaincy of iju
court of appeal per ibiyeye jca
decision of the 2nd appellant
determination of the main appeal
due consideration of the relevant provisions
first plaintiff
high court of justice
hon. commissioner
issue no.
leading judgment
main issue
military administrator
minor chieftaincy dispute
numerous letters
ondo state of nigeria
oniseri family of iju
oniseri of iseri quarter of iju
part of the decision of the trial court
prescribed legislation

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice for Ondo State of Nigeria, in the Akure Judicial Division and in suit No. Ak/143/90, the appellant herein and see other now deceased on behalf of themselves and the ONISERI family of Iju claimed against the respondents herein as the defendants as follows:-

"1. Declaration that the first defendant is not entitled to be appointed as CHIEF ONISERI of ISERI Quarters of Iju in Akure Local Government of Ondo State;

2. Declaration that the purported appointment and installation of the said first defendant as the Chief of Iseri Quarter of Iju in Akure Local Government of Ondo State by the second defendant is most irregular, illegal, void and of no legal effect;

3. Declaration that the second defendant acted ultra vires and was in fundamental breach of his traditional role as the OKITI of IJU by taking active part in the nomination and appointment of the first defendant as the ONISERI of ISERI Quarter of Iju in …

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