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MR. ISRAEL GBEJE & ORS V. MR. DARE OKE & ANOR

(2017) JELR 37897 (CA)

Court of Appeal  •  CA/EK/70/2016  •  19 Jun 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Dr. A. O. Filani For Appellant Obafemi Adewale, Esq. with him, O. B. Akinola, Esq., S. A. Olayemi, Esq., Mrs. Adaeze C. N. Asse, Ezekiel Agunbiade, Esq., Chief Olubunmi Olugbade, Adeyemi Adewumi, Esq., Stephen Ademuagun, Esq., Miss. Ifeoluwa Olauyi, Mrs. Osarunwense Irabor, Miss. Chinyere Mpamah For Respondent

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Ekiti State High Court, Ado-Ekiti Judicial Division, contained in the judgment of Hon. Justice J. O. Adeyeye delivered on the 21st day of October, 2015 in suit No. HAD/78/2012, wherein the claimants (Now Appellants) claim was dismissed. In this judgment, the claimants shall be referred to as The Appellants, and the Defendants, as Respondents; and the High Court of Ekiti State as The Lower Court or Trial Court.

The facts of this case can briefly be stated as follows:-

The stool of Salaja of Are Ekiti was vacant. The 2nd Respondent installed the 1st Respondent as the new Salaja. The Appellants were dissatisfied with this installation and protested to the Hon. Special Adviser to the Ekiti State Governors on Chieftaincy matters. The Appellants subsequently sued the Respondents, claiming the following relief before the lower Court, viz:

(1) A declaration that the Salaja Chieftaincy title…

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