(2022) JELR 109136 (CA)    
Court of Appeal  ·  CA/IB/424/2017 ·  10 Jan 2022 ·  Nigeria
Jimi Olukayode Bada, JCA Folasade Ayodeji Ojo, JCA Abdul-Azeez Waziri, JCA
Core Terms Beta
prescribed authority
lower court
5th respondent
writ of summons
7th defendants
learned trial judge
legal practitioner
originating processes
proof of service
record of appeal
issue of jurisdiction
ogun state
baale of ososun
1st defendant
4th respondents
additional record
3rd appellants
aid of his submission
fresh issue
1st respondent’s brief
absence of evidence
claimant’s claim
general rule
hearing of this appeal
honourable appellate court
incomplete records of proceeding of the lower court
instant appeal
notice of preliminary objection
oshile of oke-ona
respective briefs of argument
valid writ of summons
1st defendant coronet oba of ososun
4th respondents’ brief
5th respondent’s brief
appellant’s brief
chief taofeek olawale fasina
counter-claim of the 1st defendant
counter-claim of the 6th defendant
days of service
following cases
following reliefs
instant 1st respondent
judgment of the high court of justice
leading judgment
notices of appeal
order of the court
present 2nd
registry of this court
settled position of the law

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal emanated from the judgment of the High Court of Justice, Ogun State, sitting at Ota Judicial Division in SUIT NOS. HCT/100/2011 BETWEEN CHIEF TAOFEEK OLAWALE FASINA (Baale of Ososun) --- Claimant AND CHIEF HEZEKIAH SOLANKE (The Ekerin of Ososun or Coronet Oba) and 6 ORS --- Defendants, delivered on the 3rd of July 2017. In that judgment, the learned trial Judge granted the Claimant’s claim in part, dismissed the counter-claim of the 1st Defendant and granted the counter-claim of the 6th Defendant in its entirety.

The instant 1st Respondent who was the Claimant at the lower Court took out a writ of summons wherein he sought the following reliefs:

a) A declaration that the act of the 2nd–7th defendants by appointing the 1st defendant Coronet Oba of Ososun is null and void.

b) A declaration that the 1st defendant is not entitled to be appointed and installed Coronet Oba of Ososun i.e. the appointment or anyth…

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