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IREPODUN-IFELODUN LOCAL GOVERNMENT V. CHIEF SIMEON OGUNDAHUNSI BALEMO & ORS.

(2007) JELR 48296 (CA)

Court of Appeal  •  CA/IL/47/2004  •  17 May 2007  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; JUMMAI HANNATU SANKEY JCA; IGNATUS IGWE AGUBE JCA;

Appearances
Ayodeji Esan Esq For Appellant K. K. Eleja Esq. With Mrs. M. A. AlayaA. O. Akanle SAN.Gbemiga Adaramola Esq. (A.C.L.O) Ministry of Justice Ekiti State For Respondent

Judgement

HON. JUSTICE IGNATIUS IGWE AGUBE, JCA (Delivering the Leading Judgment): This is an appeal against the Interlocutory Ruling of J. B. K. Aladejana J. of the Ado-Ekiti High Court, delivered on the 22nd day of June, 2000 whereby he granted the 1st and 2nd Plaintiffs/Respondents' application for Amendment of their Statement of Claim. The facts as can be gleaned from the Records are that on the 29th of October, 1991 the High Court Holden at the Ado Ekiti Judicial Division and claimed against the 1st Defendant (Rowland Olaiya Olowokere) as follows:-

"(1) Declaration that the first plaintiff as Chief Balemo is the traditional headchief or "Baale" of Araromi Obo Village, Via Ado Ekiti and NOT the Defendant as Chief Odolofin.

"(2). Declaration that the Ancient Ora Village which is now part of Ado-Ekiti was the original home of Araromi Obo Community Via Ado Ekiti and the Community hails from that Village in Ado Local Government.

"(3). An Order of perpetual injunction restraining the defendant f…

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