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LASISI OYEWUNMI AROYEWUN & ORS. V. OBA YESUFU ADEOLA ADEDIRAN (AJORIWIN OF IRAWO)

(2004) JELR 45028 (SC)

Supreme Court  •  SC.206/1999  •  9 Jul 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal, Ibadan delivered on 25th June, 1990 whereby that court dismissed the appeal of the defendants.

By a statement of claim dated 14th March, 1986, the plaintiff claimed against the defendants four reliefs to wit:

(i) Declaration that the plaintiff is the only recognised Chief or Oba Ajoriwin of Irawo in Ifedapo Local Government Area of Oyo State of Nigeria.

(ii) Declaration that there is only one Irawo and no Irawo-Ile of Irawo-Owode in Ifedapo Local Government Area of Oyo State of Nigeria.

(iii) Perpetual injunction restraining the 1st defendant from parading himself in any form as a recognised Chief or Baale within Irawo Community.

(iv) Injunction restraining the defendants, their agents, privies and or supporters from illegally naming and using part of Irawo as Irawo Owode.

However, in the course of the trial the plaintiff withdrew the reliefs claimed in paragraphs (ii) and …

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