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PA ABDUL-HAMID AINA & ORS V. CHIEF LAMIDI AMURE & ORS

(2014) JELR 48675 (CA)

Court of Appeal  •  CA/L/346/2012  •  7 May 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSAKHARE PEMU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
Chief O.O. Fasae Esq. For Appellant Ajose Adeogun Esq.A. Adewunmi Esq.B. Agbaje Esq. andW. Fatai Esq. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The Appellants, as Claimants in the High Court of Justice, Lagos Judicial Division holden in Lagos, had instituted an action against the Respondents (as Defendants in the lower Court), vide Writ of Summons and Statement of Claim dated 4th of May 2006.

In paragraph 40 of the Statement of Claim, the Claimants claim the following reliefs viz:

(i) "A DECLARATION that the 1st to 3rd Defendants and/or their privies do not have the exclusive right to determine any issue of chieftaincy either by way of selection or nomination or appointment or by any other means, of any person as Regent or acting Baale or Baale of Era Town in Ojo Local Government Area of Lagos State or any chieftaincy title of the same species thereto without due consultation with and consent of the member of Claimants' OTUNBI-IDEWU ROYAL FAMILY."

(ii) "A DECLARATION THAT any such selection or nomination or appointment of any person as Regent or acting Baale of Ba…

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