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VICTOR ADEFIOYE AYOADE v. THE EXECUTIVE GOVERNOR OF OSUN STATE & ORS

(2015) JELR 47220 (CA)

Court of Appeal  •  CA/AK/41/2012  •  28 Jan 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, JCA: (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice S.O. Falola of the Osun State High Court of Justice Osogbo delivered on 27th day of February, 2012.

The appeal is at the instance of the 5th Defendant in the suit instituted by the 6th to the 9th Respondents as Plaintiffs against the 1st to the 4th Respondents the Appellant as the 5th Defendant and the 5th Respondent as the 6th Plaintiff at the Osogbo Judicial Division of the Osun State High Court of Justice. The 6th-9th Respondents as Plaintiffs by an Originating Summons sought the determination of the following questions:

1. Whether the Registered Shoko of Ikire Chieftaincy Declaration dated 23rd of June 1958 and made as a subsidiary legislation to the Chiefs Law, (Cap. 19) Laws of Western Nigeria 1957 is still valid and operational having regards to the fact that the said parent legislation is no longer operational having been repealed and replaced first by …

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