DR. JACOB OLUWAFEMI FASANYA TIMOTHY AJANI OBA JONATHAN OYELEYE AKINPELU (OLOLA OF OLA) V. PA ADAMO ADEWOLE (HEAD OF THE AKINDELE SECTION OF THE ALASE CHIEFTAINCY FAMILY FOR HIMSELF AND MEMBERS OF THE AKINDELE SECTION OF THE ALASE OF OLA CHIEFTAINCY FAMILY)
(2015) JELR 54371 (CA)
Court of Appeal
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CA/I/93/2010 HEJ/11/2007
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15 Jul 2015
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Nigeria
Coram
MOJEED A. OWOADE JCA (Presided) MOHAMMED A. DANJUMA JCA (Read the Lead Judgment) JAMES SHEHU ABIRIYI JCA
Appearances
Akinsumbo S. Akande, Esq. - for the Appellants.
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The respondent was served hearing notice personally, but was absent.
Judgement
<p><strong> DANJUMA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of the High Court of Justice of Osun State delivered on the 21 January 2010 by A. O. Ogunlade, J. at the Ejigbo Judicial Division thereof wherein, the learned trialjudge dismissed the objection of the appellant raised by motion on notice that, the trial judge had no jurisdiction as the conditions precedent for the commencement of the suithad notbeen complied with and that the plaintiff had no <em> locus standi </em> to institute the suit.</p><p>Brevi Manu and for clarity, the 1st respondent herein had in suit No. HEJ/11/2007 taken out a writ of summons against the appellants herein (then as defendants) for sundry reliefs bordering on Chieftaincy and challenge to the selection /nomination, presentation, installation and recognition of the 1st appellant by the other appellants and injunctive orders. The competence of the suit and reliefs were contested by the appellants who filed a motion seeking for an order setting dow…</p>