H. R. M. THE ALARA OF ARAKA-EKITI, OBA EMMANUEL FOLORUNSHO ADEDARA MR. EMMANUEL AROWOMOLE CHIEF ANTHONYADEMOLA (ASA OF ARA-EKITI (SUED FOR THEMELVES AND ON BEHALF OF ASA FAMILY OF ARA- EKITI) HIGH CHIEF JAMES ARIYO (EISINKIN OF ARA- EKITI) HIGH CHIEF PHILIP AJAYI (EJEMU OF ARA- EKITI) HIGH CHIEF OJOKO ABE V. CHIEF PAUL IDOWU AROWOLO (EISAYA OF ARA- EKITI) MR. JOHN JOHAKUM ARIRE PASTOR JOSHUA ANIYIKAYE MR. PETER EHINMENUGUN MR. OLOWOKERE ANIYIKAYE MR. SAMUEL FOLOWOSELE (SUING FOR THEMSELVES AND ON BEHALF OF OMONIPE/AREKI FAMILY OF ARA-EKITI, IJERO LOCAL GOVT., EKITI STATE.)
(2014) JELR 53759 (CA)
Court of Appeal
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CA/EK/79/2013
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27 Jun 2014
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Nigeria
Coram
ADZIRA GANA MSHELIA JCA ( Presided ) FATIMA OMORO AKINBAMI JCA BOLOUKUROMO MOSES UGO JCA ( Read the Lead Judgment )
Appearances
E. B. Omotoso Esq. (with him, L. A. Fasanmi Esq., Miss Oyebola Ajomole and Mrs M.O. Agbadaola) - for the Appellants. D Kola Ilesanmi, Esq. (with him, Abimbola Olomoye Esq.) - for the Respondent
Judgement
<p><strong> UGO JCA (Delivering the Lead Judgment): </strong> This appeal is against the final judgment of the Ekiti State High Court, Ijero-Ekiti Division, in suit No. HIJ/12/2009, delivered by the Hon. justice M.A. Agbelusi on Thursday, 29 November 2012, with respect to the chieftaincy title of Eisaba of Ara- Ekiti, which is being claimed bythe respondents (then plaintiffs) as exclusive to their Omonipe/Areki family, as opposed to the claim by the appellants (defendants) that the said chieftaincy title is for both the respondents’ Omonipe/Areki family and the 2nd to 3rd appellants’ Asa family. The dispute over the stool arose in July 2009 when the Oba of Ara-Ekiti (1st defendant appellant) and members of his Council of Chiefs, including the 4th-6th appellants, tried to install the 2nd appellant (2nd defendant) of Asa family as Eisaba to succeed the last Eisaba, late Chief Vincent Arowolo ofthe respondents’ Omonipe/Areki family who held the title from 1965 - 2007.</p><p>The case was fought on pleadings duly ex…</p>