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ALHAJI ADEBAYO AKANDE V. JIMOH ADISA HRH. ALHAJI I. SULU-GAMBARI (Emir of Ilorin)

(2012) JELR 52878 (SC)

Supreme Court  •  SC.295/2003  •  4 May 2012  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC MARY UKAEGO PETER-ODILI JSC

Judgement

MUHAMMAD JSC (Delivering the Lead Judgment): The appellant, herein, as plaintiff at the High Court of Kwara State (trial court), holden at Ilorin, took out a writ of summons, claiming some declaratory reliefs against the respondents herein, as defendants. The plaintiff’s statement of claim contains the reliefs sought as follows: “12. Wherefore the plaintiff prays for:

A declaration that he is the Alagar of Agar; i . A declaration that the 1st defendant is not the Alagar of Agar, in that he is not appointable since he is not a member of Abdul Salami family of Agar and ii . His appointer has no power to appoint an Alagar; and ii . A perpetual injunction prohibiting the 1st defendant from parading himself as the Alagar and the 2nd defendant from so treating him.

In their respective statements of defence, both the 1st and 2nd respondents, as defendants at the trial court, denied the claims of the appellant. Full trial including addresses by the parties were taken by the trial A court. At …

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