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MR ADELANI ADEWOYIN V. THE EXECUTIVE GOVERNOR, OSUN STATE & ORS.

(2011) JELR 46528 (CA)

Court of Appeal  •  CA/I/3/2008  •  30 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

ADUMEIN, JCA (Delivering the Leading Judgment): The appellant was the plaintiff while the respondents were the defendants in Suit No. HIK/25/2004 filed in the High Court of Osun State, Ikirun Division. In his amended statement of claim, the appellant, as plaintiff in the lower court, sought the following relief, namely:

"(a) DECLARATION that the Olobaagun of Obaagun Chieftaincy Declaration of 31st day of December, 1986 made by the third Defendant, and approved by the first Defendant, is of no effect, unconstitutional and invalid since it was not made under the relevant law.

(b) DECLARATION that the Chieftaincy Declaration of Olobaagun of Obaagun of 27th day of May, 1957 is the only valid declaration in respect of the Olobaagun of Obaagun Chieftaincy.

(c) PERPETUAL INJUNCTION RESTRAINING the 1st, 2nd and 3rd Defendants, from giving effect or recognizing the Olobaagun Chieftaincy Declaration of 1985."

The 4th respondent, who was not originally a party to the suit, was joined as the 4th …

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