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MOSES ATOBATELE & ORS. V. CHIEF DELE FASERU & ORS.

(2012) JELR 39117 (CA)

Court of Appeal  •  CA/I/99/2001  •  19 Jun 2012  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Appearances
I. M. Alabi Esq. For Appellant F. Abiodun (Mrs.) for 1st - 4th and 7th respondents R. Ojimi (Mrs.) CSC Osun State Ministry of Justice for the 5th and 6th respondents For Respondent

Judgement

CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Falade J. of the Osun State High Court sitting at Ilesha delivered on the 15th day of April 1999 in favour of the respondents who were defendants in the court. The appellants being dissatisfied with the judgment appealed to this court.

The appellant's suit at the lower court arose from disputes over the installation of the 7th respondent as the Ogboni of Ijebu-Jesa. The claims of the appellants as plaintiffs in the lower court in their further further amended statement of claim are as follows:

1. "Declaration that there are four Ruling Houses from where Ogboni of Ijebu-Jesa are installed and that the four ruling houses are the descendants of the first Oba of ljebu-Jesa AGIGIRI who accompanied Owa Obokun from Ile-Ife

2. Declaration that AJIGITERI was not a descendant of AGIGIRI and did not belong to any of the four (4) Ruling Houses i.e. IDAEKUN, AYAPAKI-EFON, NIBAYO and AKOOKUAHUN.

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