PRINCE DURO ADEREMI LADEJOBI PRINCE (PROPHET) ONAMADEWA LADEJOBI PRINCE ADEBAYO LADEJOBI (FOR THEMSELVES AND ON BEHALF OF THE AFURUKEREGBOYE RULING HOUSE OF IJEBU-IFE) V. OTUNBA AINOFI ADOLORUNSHO OGUNTAYO (THE ORADEREMO OF IJEBU-IFE) CHIEF ADEWALE DUDUYEMI ODUNUGA (THE JEWO-OLU OF IJEBU-IFE) CHIEF SEGUN OSIBOTE (THE ALORAN OF IJEBU-IFE) CHIEF FESTUS JAIYEOLA ADEKOYA (THE ODELE OF IJEBU-IFE) CHIEF B. ADELEYE OSIBADEJO (THE OLUWO OF IJEBU-IFE) CHIEF AJADI OGUNDEKO (THE OGBENI ODI OF IJEBU-IFE) CHIEF SHOSE (THE AGBON OF OKE-IFE, IJEBU-IFE) (SUED FOR THEMSELVES AND AS THE KINGMAKERS OF IJEBU-IFE) THE SECRETARY, IJEBU-IFE LOCAL GOVERNMENT, OGUN STATE. THE MILITARY ADMINISTRATOR OF OGUN STATE.
(1999) JELR 57467 (CA)
Court of Appeal
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CA/I/159/95 .
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1 Dec 1999
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Nigeria
Coram
M. OMOTAYO ONALAJA, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA
Appearances
A. A. Akinyemi - for the Appellants.
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Prince Bambo Adesanya - for the 1st Respondent. A
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A. O. Osinuga - for 2nd - 7th Respondents.
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Mabekoje (Counsel, Ogun State Ministry of Justice) - for 8th and 9th Respondents.
Judgement
ONALAJA, JCA (Delivering the Lead Judgment): The 1st, 2nd, 3rd and 4th plaintiffs issued a writ of summons for themselves and on behalf of the Afurukeregboye Ruling House of Ijebu-Ife against the 1st to 9th defendants and served the statement of claim along with the writ of summons. Following the now accepted principle of law that a statement of claim supersedes the particulars in the writ of summons.
In paragraph 14, which is the concluding paragraph of the statement of claim, the plaintiffs averred as follows:-
“14. Whereof the plaintiffs’ claim against the defendants as follows:-
1. A declaration that the 1st defendant is not bonafide member of the Afurukeregboye Ruling House of Ijebu- Ife.
2. A declaration that the 1st defendant is not qualified or competent to be nominated to or occupy the stool of the Ajalorun of Ijebu-Ife by virtue of the Ajalorun of Ijebu-Ife Chieftaincy Declaration.
3. An order setting aside the purported nomination and selection of the 1st defendant to occupy …