PRINCE ADENIYI ADEKUNLE V. PA. OJO ADELUGBA & ORS

UWANI MUSA ABBA AJI, J.C.A. (Delivering the leading 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 the 22nd March, 2010 striking out the suit of the Plaintiff/Appellant 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 claims as per paragraph 33 of his Statement of claim are as follows.

Whereof the plaintiff's claim against the Defendant 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 Plai…