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YUSUF BABATUNDE ANISU v. PRINCE JAMES ADELEKE OSAYOMI & ORS

(2000) JELR 43950 (CA)

Court of Appeal  •  CA/IL/84/99  •  7 Jun 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

PATRICK IBE AMAIZU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of Ajayi, J., of the then Ondo High Court, sitting at Ijero-Ekiti Judicial Division. The ruling was delivered on the 13th day of December, 1994.

Briefly, the facts that gave rise to the appeal are as follows:-

The throne of Olosan of Osan-Ekiti was vacant. It appears there were two principal contestants to the throne, namely: Prince Adeleke Osayomi and Yusuf Babatunde Anisu. The then Ondo State Government in its wisdom recognised the selection of Yusuf Babatunde Anisu as the Olosan of Osan-Ekiti. The State Government went on to fix the 30th day of April 1994, as the day it would hand over the staff of office to Yusuf Babatunde Anisu.

The supporters of Prince Adeleke Osayomi were not happy with the recognition. They initiated proceedings in the High Court against the government and Yusuf Babatunde Anisu.

By a writ of summons dated 6th day of July, 1993, and filed on 8th day of July, 1993…

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