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ALHAJI PRINCE MOROOF OLADIMEJI AKINTOLA V. ALHAJI MOROOF ADEKUNLE MAGBUBEOLA & ORS.

(2011) JELR 49113 (CA)

Court of Appeal  •  CA/I/184/2009  •  3 Mar 2011  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; CHINWE E. IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A.(Delivering the Leading Judgment): This appeal is against the ruling delivered by Ogunsola J. (OFR) of the High Court of Osun State, Oshogbo Judicial Division on 30th March, 2009 in Suit No. HOS/26/08.

The facts of the case are apparent on the face of claim endorsed on the writ of summons issued on 28/2/08 and also set out in paragraph 24 of the Statement of Claim dated 28/2/08 and filed on the same date. The claims are hereunder reproduced:

"(i) Declaration that the presentation of candidates nominated by Olumoyere Ruling House whose turn it is to present candidates to fill the vacancy in the Olufon of Ifon-Osun Chieftaincy by the head of Olufon Ruling Houses to the traditional kingmakers for consideration and consultation of Ifa Oracle to determine who has the best portent for the good of Ifon-Osun Community is a condition precedent to the selection, appointment and approval of Olufon of Ifon-Osun.

(ii) Declaration that the traditional kingmakers are en…

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