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SOLOMON ADESOJI GBADEHAN V. VICTOR ADESIMBO KILADEJO & ORS.

(2011) JELR 46739 (CA)

Court of Appeal  •  CA/B/390/2008  •  12 Dec 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO, KEKERE-EKUN, JCA, (Delivering the Leading Judgment): By a writ of summons dated 15/9/06, the appellant herein sought various reliefs against the respondents. Pursuant to an order of court, the appellant filed an amended writ of summons and statement of claim on the 14th day of June, 2007. In paragraph 40 of the Amended Statement of Claim he sought the following reliefs:

1. "A declaration that the selection and nomination of the 1st defendant by the 2nd to the 7th defendants as Osemawe of Ondo land is wrongful, null and void as same is contrary to the tradition and custom of Ondo land pertaining to the selection and appointment of Osemawe of Ondo land.

2. A declaration that the nomination and selection of the 1st defendant by the 2nd to the 7th defendants as Osemawe of Ondo land is in violation of the 1991 Chieftaincy Declaration pertaining to the nomination, selection and appointment of Osemawe of Ondo land.

3. A declaration that the purported approval of…

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