JIM OH KUTI WAHABI SONEYE OLABINJO DOSUNMU SALAU RAJI (FOR THE ENTIRE MEMBERS OF ODUOYA ALAUSA & ONU FAMILIES) V. ADEBAYO BAKARE ALASHE GANIYU ADETOLA ALEGUNLEYE ALH. ALIU TIJANI SODEIN RAJI OGIDAN (FOR THE ENTIRE MEMBERS OF ASHOGA FAMILY OF AGUNFOYE VILLAGE)
(2005) JELR 54360 (CA)
Court of Appeal
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CA/L/412/03
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7 Jul 2005
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Nigeria
Coram
ISA AYO SALAMI JCA (Presided and Read the Lead Judgment) MUSA DATTIJO MUHAMMAD JCA CLARA BATA OGUNBIYI JCA
Appearances
Adesina (with him, A. Ajetunmobi) - for the Appellants.
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A. Alokolaro - for the Respondents.
Judgement
<p><strong> SALAMI JCA (Delivering the Lead Judgment): </strong> In an amended writof summons, the plaintiffs claimed for two declarations and injunction. The defendants joined issue with the plaintiffs in their own amended statement of defence. The claims of the plaintiffs are that they are to the exclusion of the defendants entitled to hold the chieftaincy titles of Olumale and Baale of Agunfoye village as well as injunction restraining all the members of the defendants’ family from occupying the chieftaincy or chieftaincies. The plaintiffs led evidence as to how their ancestor, Asoga founded Agunfoye village and was the first settler with his brother Deinde and the first Baale. The defendants also gave evidence which was to the effect that the chieftaincy had been held in rotation between the families of the defendants and the plaintiffs and the refusal of the plaintiffs to allow them to take their turn led to their complaint to the Ikorodu Local Government Chieftaincy Committee. This led to investiga…</p>