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CHIEF M. I. KUDEHINBU & ANOR V. MR. NEWTON OLUWOLE & ORS

(2016) JELR 48632 (CA)

Court of Appeal  •  CA/B/288/2006(1)  •  6 May 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
Olutunde Abioje, Esq. For Appellant 1st and 2nd Respondents represented by Chuckwuyem Atewe Esq.Tosin Omotayo Esq. 3rd Respondent.4th and 5th Respondents filed no Brief of Argument and were not represented by counsel.6th Respondent filed no Brief and not represented by counsel For Respondent

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment):This is an appeal against the decision of the High Court of Ondo State in suit No. HOK/81/1999 delivered on 15-3-2006 by Honourable Justice W. A. Akintoroye, J. where at the learned trial judge had given judgment in favour of the plaintiff at the trial Court who is now respondent and held and ordered as follows:-

"In conclusion plaintiff succeeds. The Court therefore declares in his favour as follows:-

(A) That the plaintiff is the person entitled to be enthroned as the maporure of Agerige Aheriland.

(B) An order of injunction restraining the defendants, their servants, agents, privies from engaging in any re-consultation of Ifa oracle in selecting a candidate for the stool of the Maporure of Agerige Aheriland.

I award five thousand naira (N5000.00) costs in favour of the plaintiff against the defendants.

A resume of the facts of the case as summarized in the statement of claim is that the plaintiff had claimed against th…

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