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MR IDOWU AYENI & ORS. v. ELDER SUNDAY ISAAC OBASA & ANOR.

(2010) JELR 33082 (CA)

Court of Appeal  •  CA/IL/50/2008  •  23 Jul 2010  •  Nigeria

Coram
DALHATU ADAMU OFR JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement
<p>CHIMA CENTUS NWEZE, J.C.A. (Delivering the leading : ): The respondents in this appeal [as plaintiffs] took out a writ of summons in which they claimed the following reliefs against the appellants herein [defendants as they then were]: </p><p> (a) A declaration that by the native Law and custom of Iniyein, Ire Ekiti, the Oniyein chieftaincy title is the exclusive preserve of Igemo and Ilisin Ruling Houses. </p><p> (b) A declaration that by the native Law and custom of Iniyein of Ire Ekiti, it is the turn of Ilisin Ruling house to present a candidate for the vacant stool of Oniyein of Iniyein, Ire Ekiti.</p><p> (c) A declaration that the nomination of the 1st defendant by the 2nd defendant as the Oniyein of Iniyein, Ire Ekiti awaiting the approval of the 3rd defendant who is the consenting authority over Oniyein of Iniyein, Ire Ekiti is null and void and of no effect whatsoever.</p><p> (d) A declaration the approval (sic) of Chieftaincy Declaration relating to Oniyein of Iniyein, Ire Ekiti made in 1957 and …</p>

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