(1999) JELR 45967 (SC)    

Supreme Court  ·  SC.248/90 ·  25 Jun 1999 ·  Nigeria
Other Citations
Oyinloye v. Esinkin (1999) 10 NWLR (Pt.624)540 (1999) 6 S.C (Pt II) 54
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTUGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
miscarriage of justice
grounds of appeal
chieftaincy title
ejemu of rore
judgment of the trial court
lower court
evidence of the 3rd defendant
judgment of the court
learned counsel
rightful ejemu of rore
claim of the appellant
classified grounds
findings of the trial court
following cases
head of ayimola akara family
idii-orii eledidi family
leading judgment
learned justices
timothy aworinde of olowo-okere compound
above quoted observation of ogundere
a. o. ejiwunmi
common ground
constitutional right
course of the trial
dominion flour mills ltd.
fasenu of makin oro compound
favour of the plaintiff
fifth defendants
first defendant
ground of misdirection
high court of kwara state
issue of native law
leave of the court
member of olowo-okere family
native law
raise issues
real issues
specific questions of law
statement of the learned justice of the court
support of his claim
support of their case
trial court pleadings

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of the Court below following an appeal to that Court from the High Court of Kwara State in the Omu-Aran judicial Division. In that Court the plaintiff, who is now the appellant, sought for a declaratory order that he is the rightful Ejemu of Rore and for an injunction prohibiting the second to fifth defendants/respondents from appointing or installing the first defendant/respondent as Ejemu of Rore.

At the trial Court pleadings were ordered, filed and served, and with the leave of the Court, the appellant amended his claim. In the course of the trial, the appellant did not himself testify, but he called three witnesses in support of his claim. For the respondents five witnesses testified in support of their case. At the end of the hearing and addresses by learned counsel, the learned trial judge dismissed the claim of the appellant. As he was not satisfied with that decision, he appealed to the …

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