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ATTORNEY-GENERAL, KWARA STATE & ANOR v. HIS ROYAL HIGHNESS OBA MICHAEL D. OYEDELE ARIWAJOYE I. & ANOR

(2000) JELR 43940 (CA)

Court of Appeal  •  CA/IL/30/99(1)  •  11 Dec 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice D J. Adeniyi in suit No. KWS/OM/24/92 delivered on the 27th day of February, 1997, against the appellants and 2nd respondent then as defendants.

The facts of the case, as can be gathered from the record, include the following:-

On the 5th day of October, 1992, the 1st respondent in this appeal issued a writ of summons in which he claimed the following reliefs against the 2nd respondent to wit:

"1. A declaration that Araromi, Ekiti Local Government Area is within Isolo-Opin land in Ekiti Local Government Area, Kwara State, and not a separate and distinct community.

2. A declaration that the plaintiff's authority as a Traditional Ruler is over the entire Isolo-Opin land including Araromi, Ekiti Local Government Area.

3. A declaration that the title "Olu of Araromi-Opin" is without historical antecedent and incompetent as there cannot be two traditional rulers over Isolo-Opin land.

4. …

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