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PRINCE SUNM ONU ADESINA (FOR HIMSELF AND ON BEHALF OF OLARINOYE LINEAGE, OYAN) CHIEF MICHAEL OYEWALE V. MR. KILANI ADEKEYE THE GOVERNOR OF OSUN STATE ATTORNEY-GENERAL, OSUN STATE ODO-OTIN LOCAL GOVERNMENT, OKUKU CHIEF Y. S. SABEREDOWO CHIEF JOHN AYODELE CHIEF TIAMIYU ADEKANYE

(2003) JELR 56926 (CA)

Court of Appeal  •  CA/I/75/99  •  8 Jan 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA (Presided) FRANCIS FEDODE TABAI JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE JCA

Appearances
Chief A. Adejumo, SAN (with him, Mr. D. J. Rufai) - for the Plaintiffs/ Appellants. -*- K. Esan, Esq. - for the 1st, 5th - 7th Defendants/Respondents. F -*- Mr. A. A. Aderibigbe, A. D. C. L. Osun State - for the 2nd and 3rd Defendants/Respondents. -*- Counsel for the 4th Defendant/Respondent absent.

Judgement

TABAI JCA (Delivering the Lead Judgment): This appeal is against the judgment of Hon. Justice R. O. Yusuff, at the Ikirun Judicial Division of the High Court of Osun State, on the 30/6/98. The reliefs claimed were: β€œ(1) A declaration that there are two and only two lineages of Elemo ruling house, Oyan, namely Elemo Olarinoye and Elemo Aresinkeye.

A declaration that the report of a discreet investigation allegedly conducted by the secretary to the 4th defendant, Mr. S. O. Fadara, which purportedly increased the number of lineage of Elemo ruling house to five (by splitting Aresinkeye into four) is unf air, inequitable, contrary to history, vo id and unconstitutional having been arrived at without giving the Olarinoye lineage a hearing at all or any notice of such investigation.

A declaration that it is the turn of Olarinoye lineage of Elemo ruling house to produce a candidate for the Oloyan of Oyan chieftaincy, since the Aresinkeye lineage has produced two past Oloyans (Oba Ige Adubi an…

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