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;
Appearances
Alhaji Y Alli SAN with him Messer K K Beja, SA. Oke, M.I. Adekilekun, M.B.Kawu (Mrs.) and V. Udenze (Mrs.) For Appellant
Mr. Olorunmisola SAN with him Mr. Fajenyo, O.I OlarunnisolaMr. Tayin PinheiroMr. R. Ibrahim for Mr. J. I. Bamigboye For Respondent
Judgement
<p>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:-</p><p> (I) That he has been duly appointed the Olusin of Ijara/Iji Isin in accordance with Native Law and Custom of Ijara Isin </p><p> (II) The 3rd respondent's advice is not compellable on anybody and is not justifiable.</p><p> (III) The O…</p>