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THOMAS FATOBA (FOR HIMSELF AND THE OKILORIGBOKUN RULING HOUSE TO SASERE CHIEFTAINCY) FESTUS OBAFEMI FAMUAGUN V. JULIUS OGUNDAHUNSI CHIEF JOHN AKINLUYI (THE ASA) CHIEF ADEBOYA (THE EJIGBO) OBA RUFUS ADEJUGBE (THE EWI) SOLOMON OGUNMILOYO

(2002) JELR 57023 (CA)

Court of Appeal  •  CA/IL/45/2001  •  11 Dec 2002  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) WALTER SAMUEL NKANUONNOGHEN, JCA (Read the Lead Judgment) JA'AFARU MIKAILU, JCA

Appearances
O. Akanle, Esq., SAN (with him, Isaac Ogbah, Esq.) - for the Appellant. -*- Chief Makanjuola, Esan, SAN (with him, A. M. Esan, Esq.) - for the Respondents.

Judgement

ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ekiti State in suit No. HAD/6/94 delivered by Hon. Justice J. A. Ajakaiye, Chief Judge, on the 3rd day of October, 1996 in which he dismissed the appellants case as lacking in merit.

By a statement of claim to be found at pages 4 to 7 of the record , particularly at page 6 thereof the appellants claimed against the respondents as follows:

β€œ(a) a declaration that only male members of the Okilorigbokun ruling house to the Sasere chieftaincy of Igbehin Street, Ado-

Ekiti, of which first defendant is no member, are entitled to Sasere chieftaincy of Ado-Ekiti. an order on second and third defendants not to present or recommend first defendant to fourth defendant (sic) for the Sasere chieftaincy title of Ado-Ekiti. an order on the fourth defendant not to appoint or install first defendant as Sasere of Ado-Ekiti. an order on fourth defendant to appoint and install second plaintiff, who is…

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