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GOVERNOR OF EKITI STATE & ORS. v. PRINCE JAMES ADELEKE OSAYOMI & ORS.

(2004) JELR 45069 (CA)

Court of Appeal  •  CA/IL/18/2002  •  5 Jul 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA; WALTER SAMUEL NKANU ONNOGHEN JCA; JA’AFARU MIKA’ILU JCA;

Judgement

MIKA'ILU, J.C.A. (Delivering the Leading Judgment): By way of writ of summons, an action was instituted against the appellants as defendants by the respondents as plaintiffs at Ondo State High Court. The claim against the appellants was for the following:

1. A declaration that from time immemorial and up till time of taking this action, the traditional kingmakers for the selection and appointment of Olosan of Osan are Chief Obalapa, Chief Odojin and Chief Obaoye of Osan.

2. A declaration that the appointment of the 6th defendant Julius Ogunkayo, as a warrant Chief by the 1st defendant, whilst the incumbent holder, Chief Totime Adeoye Obalapa is alive and capable, ready and willing to perform such functions is unwarranted and against the Native Law and Custom of Osan-Ekiti.

3. A declaration that the 1st plaintiff has been duly selected by the majority of the Kingmakers as the Olosan of Osan since 1988 in accordance with the Native Law and Custom of Osan-Ekiti.

4. A declaration that th…

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