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OBA ADEBANJO MAFIMISEBI & ANOR V. PRINCE MACAULAY EHUWA & ORS

(2007) JELR 48134 (SC)

Supreme Court  •  SC.160/1995  •  12 Jan 2007  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC SYLVESTER UMARU ONU JSC DAHIRU MUSDAPHER JSC ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC

Appearances
Chief A. A. Adeniyi, (with him, Adetunji Ojo) for the 1st Appellant/Cross-Respondent; Chief Wole Olanipekun, SAN, (with him, A. A. Malik, O. Abiodun) for the 2nd Appellant/Cross-Respondent; Chief Afe Babalola, SAN (with him, Adebayo Adenipekun, SAN, Sesun Dada, Remi Awe-Osho [Mrs.], P.A. Balogun [Miss], Akinyemi Aremu Obinna Dunmaguma, Mary Ekpere [Miss]) for the Plaintiffs/Respondents/Cross-Appellants; A. Akindele (Director Public Defender), (with him, C. K. Akinrinsola, (DCL Ondo)for the ]1st, 2nd and 4thDefendant/Respondents/Cross-Respondents.

Judgement

D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Ondo State of Nigeria in the Okitipupa Judicial Division and in suit No. HOK/7/84, the plaintiffs who are the respondents and the cross-appellants herein commenced this action on the 14/6/1984. In their Further Amended Statement of Claim as per paragraph 36 thereof, they claimed against all the defendants therein, that is the appellants/cross-respondents and the respondents/cross-respondents herein the following declarations and reliefs:-

"(i) Declaration that the Registered Declaration of Ugbo Chieftaincy are (sic) defective and inexhaustive of the customs and traditions of Ugbo chieftaincy and therefore null and void.

(ii) Declaration that under the traditions and customs of the Ugbo people regarding Ugbo chieftaincy the appointment of an Olugbo is by rotation between AGBEDUN/OJOGO and OYETAYO/ATARIOYE section of OJADELE ruling house since the demise of OJADELE.

(iii) Declaration that the Registered Declarat…

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