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PRINCE OLUWOLE AKINBONI & ORS v. PRINCE JOHN AKINTOPE & ORS

(2016) JELR 37076 (CA)

Court of Appeal  •  CA/AK/107/2014  •  17 Mar 2016  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):? This is an appeal against the judgment delivered on the 29th November, 2013 in the High Court of Ondo State, Ore Judicial Division holden at Ondo wherein the Respondents were the plaintiffs and the Appellants were the Defendants.

The claim of the Respondents at the lower Court was for the following:?

1. Court declaration that the purported appointment and\or approval of appointment of the 1st defendant by the 2nd defendant as the next Oloja of Otu-Costain, a minor Chieftaincy in Odigbo Local Government Area of Ondo State of Nigeria is wrongful, unlawful and runs contrary to the age long custom of the Akintope family in selecting a Baale now elevated to an Oloja in respect of the Otu-Costain minor chieftaincy and same should be set aside and declared null and void.?

2. Court declaration that by the age long custom of the Akintope family, it is the exclusive preserve of? the family to meet and select or elect a candidate am…

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