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CHIEF ADENIGBA AFOLAYAN V. OBA JOSHUA OGUNRINDE & ORS

(1990) JELR 42976 (SC)

Supreme Court  •  SC.83/1987  •  23 Feb 1990  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC;

Appearances
J. O. Ijaodola (with him, Chief S. F. Odeyemi) For Appellant Chief P.A.O. Olorunnisola For Respondent

Judgement

OBASEKI, J.S.C. (Delivering the Leading Judgment): On the 27th day of November, 1989, after considering the submissions of counsel for the appellant and respondents made to the court in their briefs in writing and orally before us in this court, I dismissed the appeal with N500.00 costs to the respondents and reserved my reasons for the judgment till today. I now give them.

Proceedings in this matter were commenced in the Ilorin Judicial Division of Kwara State High Court by a writ of summons filed by the plaintiffs/respondents as plaintiffs against the defendant/appellant as defendant claiming therein:

"1. a declaration that the defendant being a ward head of Inishan within Oko village in Kwara State is not entitled under Oko native law and custom to wear any crown without the consent and approval of the Oloko of Oko and his chiefs;

2. an order of injunction on the defendant not to wear any crown without the consent and approval of Oloko of Oko and his chiefs.

Pleadings were filed …

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