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PRINCE FELIX ADEBUSUYI ADEMUYIWA V. MICHAEL ADEDOYIN OLOKUNBOLA & ORS

(2008) JELR 46826 (CA)

Court of Appeal  •  CA/B/121/2005  •  18 Dec 2008  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; OFR JCA; GEORGE OLADEINDE SHOREMI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Judgement

SAKA ADEYEMI IBIYEYE, OFR J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff at the Oka Akoko Judicial Division of the High Court of Justice in the Ondo State High Court of Justice where he filed a writ of summons specially endorsed jointly and severally against four respondents. Subsequently, he filed a statement of claim in which at its paragraph 26 sought the following reliefs:

"1. Declaration that the appointment and approval of the 1st defendant by the 4th defendant and/or Ondo State Government as Onikun of Ikun, Akoko, Ondo State, is a clear violation of the provisions of 1958 Registered Chieftaincy Declaration, Chiefs Law of Ondo State and all other enabling laws made and subsisting in that behalf and is therefore null and void and unconstitutional.

(b) Declaration that the plaintiff is the person entitled to be appointed and installed as the Onikun of Ikun Akoko, Ondo State under the Native Law, Custom and Tradition already embodied in the 1958 Registere…

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