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HIS ROYAL HIGHNESS ALHAJI IBRAHIM SULU GAMBARI (EMIR OF ILORIN) ILORIN EMIRATE COUNCIL V. ALHAJI ABDULKAREEM LAARO BUHARI (BALOGUN OF ILORIN) ALHAJI BABA BUHARI ALHAJI MUHAMMED ALIYU ADEBAYO APPEAL NO: CA/IL/37A/2006: HIS ROYAL HIGHNESS ALHAJI IBRAHIM SULU GAMBARI (EMIR OF ILORIN) ILORIN EMIRATE COUNCIL V. ALHAJI ABDULKAREEM LAARO BUHARI (BALOGUN OF ILORIN) ALHAJI BABA BUHARI ALHAJI MUHAMMED ALIYU ADEBAYO AND CA/IL/37B/2006 ALHAJI ALIYU ADEBAYO V. HIS ROYAL HIGHNESS ALHAJI IBRAHIM SULU- GAMBARI (EMIR OF ILORIN) ILORIN EMIRATE COUNCIL ALHAJI ABDULKAREEM LAARO BUHARI (BALOGUN GAMBARI OF ILORIN) ALHAJI BABA BUHARI

(2008) JELR 55307 (CA)

Court of Appeal  •  28 Nov 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Judgment)

Judgement

AGUBE JCA (Delivering the Lead Judgment): These are consolidated appeals filed by the respective appellants in respect of the rulings of the High Court of Kwara State, per Olabanji Orilonise J. delivered on 20 January 2006 and 18 April 2006 respectively in suit No. KWS/165/2005. In appeal No. CA/IL/37/2006, the grouse of the appellants is on that part of the ruling of the lower court upon the application by the 2nd and 3rd defendants (now the 1st and 2nd appellants) for an order of the trial court striking out the entire suit brought by the plaintiffs (now the 1st and 2nd respondents) in this appeal, which order the trial court refused to make. The facts of the case are that the 1st and 2nd respondents instituted by way of writ of summons an action against the present appellants and 3rd A respondent seeking some declaratory and injunctive reliefs consequent upon the purported deposition/removal of the 1st plaintiff as the Balogun Gambari of Ilorin by the 2nd defendant (now 1st appel…

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