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H.O. ADENIYI V. THE IFELODUN LOCAL GOVERNMENT & ORS

(2018) JELR 34477 (CA)

Court of Appeal  •  CA/IL/107/2016  •  6 Apr 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Appearances
Chief P.A.O. Olorunnisola, SAN with him, M. H. Ibiyemi, (Mrs.), A. O. Adepitan (Miss) For Appellant Mrs. Funsho D. Lawal, (Solicitor-General, Kwara State) with him, G. R. Moyosore, Esq. (PSC), M. J. Orire, Esq. (PSC) and S.B. Alusi, Esq. (Pupil State Counsel) for 1st, 2nd and 3rd Respondents.Isaac Adebayo, Esq.for 4th Respondent For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an Appeal against part of the decision of His Lordship; Hon. Justice M. AbdulGafar delivered on 21st October, 2015.

Apparently, Suit No. KWS/291/2011 which led to this Appeal was filed by the Appellant as Claimant in respect of a declaration made by the Court of Appeal, Ilorin in CA/IL/77/2008.

In the previous case, the Court of Appeal declared the Appellant in this case as the person entitled to the stool of Olofa of Ofarese and that he fulfilled the requirement of tradition and custom of Ofarese.

The Writ of Summons and Statement of Claim in this Suit was filed in November, 2011.

By Paragraph 17 of the Appellants Statement of Claim, he claimed against the Respondents as follows:-

i. For a perpetual injunction restraining the 1st Defendant from according to the 4th Defendant the rights and privileges and perquisites of office of the Olofa of Ofarese, Ifelodun Local Government Area.

ii. For a perpetual injunction restr…

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