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ALHAJI MUSTAPHA DUROJAIYE AJISEGIRI & ORS V. OBA BASHIRU SALIU SALAMI & ORS

(2016) JELR 41040 (CA)

Court of Appeal  •  CA/L/132/2014  •  10 Mar 2016  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Appearances
CHIEF (DR) V. A. ODUNAYA WITH HIM, O. A. ALADEMETUN,AND A. L. ALADEKOMO For Appellant YOMI OKUNNU FOR 1st, RESPONDENT WITH HIM, GBENGA OJO, R. O. SADIQ, M. F. TINUBU (MRS), AND OJOBO A.E. T. ADARAMEWA FOR 2ND, 3RD, AND 4TH RESPONDENTYEMI ADESINA WITH E. O. SIALAS (MRS) SAMUEL SODIPO ESQ., FOR 5TH RESPONDENT For Respondent

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling delivered by the High Court of Lagos State, Ikeja, Per Onigbanjo J., delivered on 27th March, 2013 on the preliminary objection filed by the Respondent thereby dismissing the suit as instituted by the Appellant on ground of estoppel. The Appellants had sought for the following reliefs:

(a) A DECLARATION that the Claimants families consisting of Bani and Kamado Oworonsoki are the ones entitled to be recognised, and to produce an Oba or a Traditional Ruler for Oworonsoki Town in the Kosofe Local Government Area of Lagos State.

(b) A DECLARATION that the 1st Defendant is not entitled, to be nominated, selected, or appointed, as the OBA of Oworonsoki in the Kosofe Local Government Area of Lagos State, therefore his appointment as the Oba of Oworonsoki by the 2nd to the 5th Defendants herein is wrongful, null and void; therefore it should be set aside.

(c) AN ORDER of this Honoโ€ฆ

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