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EJIGBO LOCAL GOVERNMENT & ORS v. MR. ADEMOLA ADEPEGBA & ORS

(2019) JELR 91602 (CA)

Court of Appeal  •  CA/AK/50/2018  •  6 May 2019  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; MOHAMMED AMBI-USI DANJUMA JCA; PATRICIA AJUMA MAHMOUD JCA;

Judgement

PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Osun State sitting in Ejigbo and delivered on the 14th December, 2016 by Hon. Justice A.A. Aderibigbe.

The respondents who were the plaintiffs in the Court below had in their writ of summons jointly and severally claimed among other reliefs a declaration that the next ruling house to produce the next Olowu of Owu-Ile in Ejigbo Local Government is the Okikilokun of Owu-Ile to which the 6th defendant, MR Muhammed Raji Qasim Adekunle Akano (who had been approved as the Olowu of Owu-Ile) is not a member. This writ of summons was taken out about eight months after the installation of the Olowu of Owu-Ile, the 3rd appellant in this appeal but the 6th defendant on the writ. The appellants as defendants in the Court below filed a Preliminary Objection challenging the competence of the suit for being statute barred among other contentions on the grounds that the 1st to 4th…

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