(1997) JELR 45417 (CA)    

Court of Appeal  ·  CA/I/243/91 ·  12 Jun 1997 ·  Nigeria
Other Citations
OYETAYO & ORS. V. MOSOJO & ORS. (1997) 10 NWLR pg. 627
Oyetayo v. Mosojo (1997) 10 NWLR (Pt. 526) 627
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
learned trial judge
1st defendant
applicable law
1st respondent
lower court
chieftaincy declaration
local government
obasinkin chieftaincy
way of reply
obasinkin jekayinfa
chiefs law cap
custom of ila orangun
native law
obasinkin chieftaincy declaration
obasinkin of ila
obasinkin of ila orangun
perpetual injunction
state high court
submissions of both learned counsel
such legal authorities
trial judge
2nd ground
appellant's counsel
appellant's reply
briefs of argument
chieftaincy title of obasinkin
facts of this case
family of ila orangun
favour of the plaintiff
interested parties
judgment of kolawole j. of the oyo
leading judgment
learned counsel
list of the legal authorities
member of the obasinkin logun kando
nigerian civil aviation training centre
obasinkin ajayi jekayinfa
order of the court
original grounds of appeal
ruling house
said declaration
stage of an action
submission of both learned counsel
western state

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kolawole J. of the Oyo (now Osun) State High Court sitting in Oshogbo delivered on 22/3/90 in which the court entered judgment in favour of the plaintiff/1st respondent and against defendants/appellants.

The facts of this case briefly put are as follows: The 1st respondent herein as plaintiff sued the appellants herein as defendants claiming as per his amended Writ of Summons as follows:

(i) Declaration that the appointment and installation of Mr. Thomas Adesola Oyetayo (i.e. 1st defendant) by 2nd, 3rd, 4th, 5th, 6th, 7th and 8th defendants as the Obasinkin of Ila is contrary to the Native Law and Custom of Ila Orangun and is therefore null and void.

(ii) Perpetual injunction restraining the 1st defendant from acting and or parading himself as the Obasinkin of Ila Orangun.

(iii) Perpetual injunction restraining the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th defendants from recognizing th…

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