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CHIEF SAMUEL FALOWO V. HIS ROYAL HIGHNESS OBA OMONIYI BANIGBE ORS

(2007) JELR 48039 (CA)

Court of Appeal  •  CA/A/115/2003  •  20 Feb 2007  •  Nigeria

Coram
OLUFUNMILOLA OYELOLA ADEKEYE JCA; ABDU ABOKI JCA; CHIDIEBERE NWAOMA UWA JCA;

Judgement

OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): These appeals are from the judgment of the High Court of Justice Kwara State Ilorin Judicial Division delivered on the 5th of April 2001. In the suit No: KWS/OM/04/93 at the Ilorin High Court, the appellant Chief Samuel Adebisi Falowo was the 1st defendant while the 1st Respondent Oba Omoniyi Banigbe was the plaintiff, the 2nd - 4th Respondents, Attorney-General Kwara State Ifelodun/Irepodun/Ekiti Traditional Council were 2nd - 3rd Respondents. The 4th Respondent Irepodun Local Government was joined by Order of the trial court on 13/12/93. The plaintiffs claimed against the defendants as per the Writ of Summons filed on 27/7/93 and paragraph 27 of the statement of claim for declaration as follows:-

(I) That he has been duly appointed the Olusin of Ijara/Iji Isin in accordance with Native Law and Custom of Ijara Isin

(II) The 3rd respondent's advice is not compellable on anybody and is not justifiable.

(III) The O…

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