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ABEL GBADEGESIN ADISA & ORS. V. THE MILITARY ADMINISTRATOR OF OYO STATE & ORS.

(2008) JELR 48877 (CA)

Court of Appeal  •  CA/I/2/1999  •  21 Apr 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; AMINA ADAMU AUGIE JCA; CHIDI NWAOMA UWA JCA;

Judgement
<p>KUMAI BAYANG AKAAHS, J.C.A. (Delivering the leading : ): The issue in this appeal is whether an order of interlocutory injunction can be granted to restrain a completed action. The plaintiffs now appellants sued the respondents/defendants for the following reliefs:</p><p> "1. A declaration that the purported appointment and naming of the 3rd Defendant as the Baale of Komu was defective and contrary to custom and procedure relating to the filling of the vacant (sic) of the Komu Chieftaincy under Section 4(2) of the Chiefs Law 1957 of the Customary Law regulating the selection to (sic) the Baale of Komu Chieftaincy and therefore invalid.</p><p> 2. A declaration that the appellation of title "ONIRO" being arried by the 3rd defendant is contrary to the custom and tradition of Komu Chieftaincy and declaration regulating the selection to (sic) the Baale of Komu Chieftaincy and therefore invalid.</p><p> 3. An order setting aside the purported appointment of the 3rd defendant as the Baale of Komu. </p><p> 4. An or…</p>

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