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JACOB A. JOLAYEMI & ORS. V. ALHAJI RAJI ALAOYE & ANOR.

(2004) JELR 45010 (SC)

Supreme Court  •  SC.106/2000  •  28 May 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Appearances
F. R. A. Williams, Jor. (with him, Femi Abifarin, Esq.) For Appellant Chief P. A. O. Olorunisola, SAN (with him, B. S. Jibril, Esq.) For Respondent

Judgement
<p>KALGO, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Ilorin Division, Ilorin, in which it affirmed the judgment of the trial High Court holden at Omu-Aran, in the Omu-Aran Judicial Division of Kwara State. According to paragraph 31 of the statement of claim, the appellants who were the plaintiffs at the trial, claimed against the respondents, jointly and severally for:-</p><p> &quot;i. Declaration that under the applicable native law and custom at Arandun, it is only the family compound of the plaintiffs by name Imoji compound that is entitled to present candidate(s) to fill any vacancy in the Ejemu Alaran chieftaincy stool of Arandun. </p><p> ii. Declaration that the family/compound of the 1st defendant that is: Imode compound has no right to present any candidate to fill any vacancy in the Ejemu Alaran chieftaincy stool. </p><p> iii. Declaration that the 1st defendant is ineligible and not qualified to be selected, appointed and installed as the Ejemu A…</p>

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