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CHIEF ADEFIOYE ADEDEJI V. EZEKIEL OLA GUREJE & ANOR.

(2011) JELR 33399 (CA)

Court of Appeal  •  CA/I/118/2001  •  10 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): By an amended statement of claim filed on 3/4/95, the Respondent herein (as plaintiff in the court below) sought the following reliefs against the appellant and H.R.H. Oba Gabriel Adekunle Aromolaran II, Obokun of Ijeshaland as 1st and 2nd defendants respectively:-

(i) "Declaration that the Plaintiff is the rightful and proper person to be installed Chief Risawe of Ilesa.

(ii) Declaration that the purported consent given to the candidature of the 1st Defendant by the 2nd Defendant to be installed as Chief Risawe and the subsequent installation are wrongful, illegal, null, void and of no effect.

(iii) Perpetual injunction restraining the 1st Defendant from further parading himself as Chief Risawe of Ilesa and from performing any function connected therewith.

By a motion on notice filed on 3/4/95, the appellant herein sought an order striking out the suit for lack of jurisdiction and abuse of judicial pr…

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