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NASIRU DARAM OLA LAYI FASESIN (FOR AND ON BEHALF OF ELEMU RULING HOUSE OF OTAN- ILE CHIEFTAINCY) V. THE GOVERNOR OF OSUN STATE THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, OSUN STATE CHIEF HEZEKAIAH OYEKANMI FAFIYEBI

(2002) JELR 54075 (CA)

Court of Appeal  •  CA/I/52/94  •  12 Jul 2002  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN, JCA (Presided) MORONKEJI OMOTAYO ONALAJA, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)

Appearances
E Chief Akin Olujimi, SAN (with him, Chief B. A. Ayorinde) - for the Appellants. -*- Mr. A. A. Aderibigbe, Asst. D.C.L. (Osun State) - for the 1st and 2nd Respondents . -*- Mr. O. A. Okim - for the 3rd Respondent .

Judgement
<p><strong> ADEKEYE, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Osun State High Court of Justice, Ilesha Judicial Division delivered on the 31st day of July 1991. In the endorsement on the writ of summons filed by the plaintiffs before the lower court Nasiru</p><p>Daramola and Layi Fasesin, for themselves and on behalf of the Elemu Ruling House of Otan-Ile Chieftaincy in suit No. HIL/27/90 reads:</p><p>Declaration that there are three ruling houses namely: (i) Elemu</p><p>(ii) Origbo and (iii) Libayan for the Olotan of Otan-Ile chieftaincy in Obokun Local Government Area.</p><p>Declaration that the next ruling house to present candidate for the vacant stool of Olotan of Otan-Ile chieftaincy in the Obokun Local GovernmentArea is the Elemu ruling house(the plaintiffs ruling house). 3. Injunction restraining all the defendants jointly and severally from selecting, appointing and approving any candidate from A any other ruling house for the Olotan of Otan-Ile chieftaincy except candidate…</p>

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