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PRINCE ADENIYI ADEKUNLE V. PA. OJO ADELUGBA & 11 ORS

(2011) JELR 57670 (CA)

Court of Appeal  •  CA/AE/82/2010  •  24 Feb 2011  •  Nigeria

Coram
UWANI MUSAABBA-AJI JCA (Presided and Read the Lead Judgment) CHIDI NWAOMA UWA JCA HARUNA MOH’D TSAMMANI JCA

Judgement

ABBA-AJI JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Hon. Justice M. A. Agbelusi of the High Court of Justice, Ikole-Ekiti, delivered on 22 March 2010 striking out the suit of the plaintiff/appellant on the ground that he lacks the necessary locus standi to maintain the action.

The appellant as plaintiff at the lower court instituted this action against the respondents, the defendants at the lower court claiming declaratory and injunctive reliefs in respect of the chieftaincy stool of Owa of Odo Ayedun  Ekiti, a recognized chieftaincy. The appellant’s claims as per paragraph 33 of his statement of claim are as follows. 

Whereof the plaintiff’s claims against the defendants jointly and severally as follows:

1. A declaration that the selection or nomination of the plaintiff to fill the vacant stool of Owa of Odo Ayedun Ekiti is valid and  legal.

2. A declaration that the notice of intention to set aside the nomination of the plaintiff to the…

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