(2012) JELR 49289 (CA)    

Court of Appeal  ·  CA/I/268/99 ·  14 Jun 2012 ·  Nigeria
ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
male line
female line
1st respondent
1st defendant
learned trial judge
qualified candidate of the male line
6th respondents
exhibit b
nwlr part
1st-4th respondents
customary law
orimolusi of ijebu-igbo
son of a previous holder of the title
learned counsel
lower court
chiefs law of ogun state
female line of the family
filling of the orimolusi of ijebu-igbo chieftaincy
governor of oyo state
grouse of the appellant
kingmakers of orimolusi of ijebu-igbo chieftaincy
laws of ogun state of nigeria
male descendant of the ruling house
members of the said ruling house
office of the orimolusi of ijebu-igbo
registered declaration
senior counsel
2nd plaintiff witness
5th-6th respondents
appointment of the 1st respondent
cases of olanrewaju v
close of evidence
co. plc vs. osofisan
leading judgment
male candidates
male lineage
meeting hold
paras g-h. learned counsel
proper interpretation of clause
provisions of the said paragraph
resolve issues
select candidates
stool of the orimolusi of ijebu-igbo
turn of the ojuromi ruling house
view of the provisions of the chieftaincy declaration

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Ogun State High Court sitting in Ijebu-Igbo Judicial Division which was delivered on the 30th of July, 1998 wherein the learned trial Judge dismissed the Appellant's claims.

The facts which led to this action before this court are that sometime in May 1994, Oba Daniel Adetayo Kupakude IV, the Orimolusi of Ijebu-Igbo joined his ancestors. In the event, a vacancy occurred in the stool of the Orimolusi of Ijebu-Igbo. The filling of the stool is governed by a Registered Declaration made under the Chiefs Law of Ogun State. The Declaration contains the Customary Law regulating the filling of the Orimolusi of Ijebu-Igbo Chieftaincy. In accordance with the Declaration, it was the turn of the Ojuromi Ruling House to propose candidates to fill the vacancy. Members of the said Ruling House met and nominated eight members of the house, whose names were sent to the Kingmakers.

The Kingmakers met …

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