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PRINCE OLUSEGUN ADEOLA PRINCE JULIUS OGUNYEBI PRINCE RICHARD OLADIMEJI V. MR. ISAAC ADEYINKA AYEOBA MR. STEPHEN DADA OGUNYEBI CHIEF GABRIEL AYEOBA (FOR THEMSELVES AND ON BEHALF OF AYEOBA BABAJIDE OGUNYEBI FAMILIES OF IJURIN-EKITI) HIGH CHIEF LAWRENCE AKINBODE (FOR HIMSELF AND OTHER KINGMAKERS OF IJURIN-EKITI) THE ATTORNEY-GENERAL, EKITI STATE

(2008) JELR 56611 (CA)

Court of Appeal  •  CA/IL/57/2007  •  27 Nov 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLAADEKEYE JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA CENTUS CHIMA NWEZE JCA

Appearances
Mr. Rotimi Adabembe (holding brief for Mr. Omotoso) - for the Appellants. -*- Mr. L.O. Ogundele - for the 1st - 4th Respondents. -*- Mr. Gbemiga Adaramola, ACLO Ministry of Justice, Ekiti State - D -*- for the 5th Respondent.

Judgement

ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Ekiti State High Court of Justice, Ijero Judicial Division, delivered on 12 December 2006. The appellants sought reliefs as per the endorsement on the writ of summons and the penultimate paragraph of the statement of claim as follows: β€œ(a) A declaration that Omoyele, Agbemuko and Aladeyelu branches of the Ayeni ruling house of Ojurin of Ijurin Ekiti by the history, tradition and custom of Ijurin Ekiti, which only branches should hence be dealt with in appointing a new Ojurin of Ijurin Ekiti.

A declaration thatAyeoba and Babajide Ogunyebi families of Ijurin Ekiti are ineligible to produce or nominate candidate to fill the vacant stool of Ojurin Ekiti by the history, tradition and custom of Ijurin. An order setting aside the purported nomination of the first and second defendants by theAyeoba and Babajide families for the vacant stool of Ojurin of Ijurin Ekiti as same is against the tradition, custom an…

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