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OBA J. O. AINA & ANOR v. CHIEF ISRAEL ADEBAYO DADA & ANOR

(2017) JELR 37975 (CA)

Court of Appeal  •  CA/EK/36/2015  •  15 Jun 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellants (who were 1st and 2nd Defendants at the trial Court) against the judgment of the High Court of Ekiti State, sitting at Ido-Ekiti delivered on the 2nd day of December, 2014 by Honourable Justice A. K Fowe in favour of the 1st Respondent (who was the claimant before the trial Court).

By his Further Amended Statement of Claim filed on 31st January, 2008 which supersedes the Writ of Summons the 1st Respondent (as claimant) claimed as follows:

(a) A declaration that the plaintiff is a senior in rank to the 1st Defendant 2 defendant as the 4th in rank to the 1st defendant, while 2nd defendant is 5th in rank (sic) and that the defendants cannot in collusion usurp the rightful position of the plaintiff or change the order of seniority of hierarchy as contained in the Morgan Commission Report and accepted by government and which position represents Custom and Tradition of Erinmope Ekiti from the …

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