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ENGINEER OMONIYI ARULOGUN & ORS v. MR ABIODUN ABOLOYINJO & ANOR

(2018) JELR 34473 (CA)

Court of Appeal  •  CA/EK/42/2016  •  26 Mar 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice of Ekiti State sitting at Ijero Judicial Division delivered by Honourable Justice E.B. Omotoso on the 13th day of January 2016 striking out the Appellants suit.

FACTS OF THE CASE

The Appellant issued out a writ of Summons and statement of claim against the Respondents on 19th June 2014 and claim against the Respondents as follows;

(a) A Declaration that the purported nomination, selection and installation of the First defendant as the Olodooye of Odo-Oye by the second defendant is against the age-long tradition and custom of Odo-Oye as well as the applicable Chief Law.

(b) A Declaration that the second defendant has no role whatsoever to play concerning and with respect to any of the processes for the filing of Olodooye of Odo-Oye Chieftaincy stool.

(c) An order setting aside the purported nomination, selection and installation of the first defendant by the second d…

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