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TIMOTHY ADEILO ADEFULU & ORS V. BELLO OYESILE & ORS

(1989) JELR 42867 (SC)

Supreme Court  •  SC.5/1988  •  1 Dec 1989  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ANDREWS OTUTU OBASEKI JSC; PHILLIP NNAEMEKA-AGU JSC; SAIDU KAWU JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC;

Appearances
Chief F. R. A. Williams, S.A.N. (with him, Chief Dr. D. K. Solesi) for the 1st AppellantProfessor A. B. Kasunmu, S.A.N. ( with him, L. A. Adeniyi) for the 2nd to 13th Appellants For Appellant For Respondent

Judgement

UWAIS, J.S.C (Delivering The Leading Jugdment).: The 1st, 2nd, 3rd and 4th Respondents were the plaintiffs in the High Court of Ogun State. They instituted an action against all the appellants and the 5th and 6th Respondents, as Defendants, claiming in their writ of summons as follows

"1. A declaration that the appointment, the purported approval and the new installation of the first Defendant (herein 1st appellant) as the new Olofin of Illishan- Remo are irregular, unlawful and therefore, null and void as same were not done in accordance with the provisions of the Western Region (Ogun State) of Nigeria Chiefs Law and the relevant Chieftaincy Declaration in respect of succession to the stool of Olofin of Ilisan-Remo.

2. Injunction restraining the first Defendant from parading himself as the Olofin of Ilishan- Remo and the other Defendants from recognising the said first Defendant as the Olofin of Ilisan-Remo.

In the trial court (Sofolahan, J.) the parties agreed on the following fact…

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