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LAWANI ADESOKAN & ORS. V. SUNDAY ADETUNJI & ORS.

(1994) JELR 43401 (SC)

Supreme Court  •  SC.233/1991  •  10 Jun 1994  •  Nigeria

Coram
MOHAMMED BELLO JSC; MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
K. Alawode, Esq. For Appellant Chief Bola Ige (with him, Oladokun)O.A Boade, Esq. Acting Assistant Director of Litigation and Advisory Services, Ministry of Justice, Oyo State For Respondent

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a Writ of Summons issued in May, 1987 the plaintiffs (who are respondents herein) sued all the defendants including the 4th to the 7th defendants who are now appellants before us and shall hereinafter be so referred, claiming:

"(a) Declaration that according to the law, custom and tradition of Tede there are only Three ruling houses for the Onitede of Tede Chieftaincy.

(b) A declaration that the instrument dated 18th day of January, 1958 and registered on the 12th day of February, 1958, in so far as it purports to declare the customary law prevailing in Tede with respect to the appointment to the Onitede of Tede Chieftaincy is wrongful, illegal and void.

(c) Injunction restraining the first three defendants, their servants, officers and agents from inviting the Gbangbade Erun family to present a candidate for the vacant Onitede of Tede Chieftaincy, and from acting pursuant to or taking any steps to implement the aforesaid register…

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