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1. OBA ELIJAH OLADELE AYENI (Olupoti of Ipoti) V. PRINCE R. A. AJIMOTI ELEPO PRINCE GABRIEL BABADIPO PRINCE JOHN A. FAYOSE PRINCE AYO OMOTILOYE (For themselves and on behalf of Aji, Alafinjomi and Ajetunmobi ruling houses and the entire Ejiyan people) THE CHAIRMAN, IJERO LOCAL GOVERNMENT, IJERO-EKITI THE SECRETARY, IJERO LOCAL GOVERNMENT, IJERO-EKITI

(2007) JELR 55347 (CA)

Court of Appeal  •  CA/IL/45/2003  •  12 Mar 2007  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the lower court, coram E. O. Kowe J, delivered on 21/ 7/2003. The appellant was the 1st defendant at the lower court while the respondents were the plaintiffs. By a writ of summons and statement of claim dated 5th day ofNovember, 2002 and filed the same date, the plaintiffs/respondents claim against the defendants/appellants as follows: “(a) A declaration that the Obalaaye of Ejiyan is the head chief and or Oba of Ejiyan Quarters in Ipoti-Ekiti.

A declaration that it is the prerogative of the Ejiyan people and chiefs to select, appoint and install an Obalaaye of Ejiyan in accordance with their age-long customs and traditions. A declaration that no Olupoti in history had ever appointed or installed an Obalaaye of Ejiyan. Adeclaration that the 1st defendant is not a prescribed authority over the Obalaaye chieftaincy.

A declaration that the 2nd and 3rd defendants either acting alone or in concert with t…

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