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PRINCE (DR.) ADEBAYO MAFIMISEBI (LATELY OLUGBO OF UGBO KINGDOM) HIGH CHIEF DAISI MAFIMISEBI (THE OLIHA OF UGBO KINGDOM) HIGH CHIEF GUARD OMOTEHINSE (THE ODOKA OF UGBO KINGDOM) (FOR AND ON BEHALF OF EACH OF THEMSELVES AND THE DOSUN TRADITIONAL HIGH CHIEFS AND KINGMAKERS OF UGBO LAND) V. GOVERNOR OF ONDO STATE ATTORNEY-GENERAL, ONDO STATE PRINCE OBATERU AKINRUNTAN OBA ANDREW KOLAWOLE IKUESAN (THE OLUBO OF OBE-NLA) OBA ELLAS IKUOMOLA (THE ALOGHO OF ODONTA)

(2012) JELR 55180 (CA)

Court of Appeal  •  CA/B/201/2010  •  29 Feb 2012  •  Nigeria

Coram
KUDIRAT M. OLATOKUNBO KEKERE-EKUN JCA (Presided) CHINWE EUGENIA IYIZOBA JCA MOORE A. A. ADUMEIN JCA (Read the Lead Judgment)

Judgement

ADUMEIN JCA (Delivering the Lead Judgment): The present appellants were the 1st, 7th and 9th plaintiffs in suit No. FHC/AK/CS/01/ 2010 commenced by a writ of summons and a statement of claim filed on 6 January 2010. There were 9 (nine) plaintiffs in the lower court- Federal High Court, Akure Division.

The claim of the appellants in the lower court, as endorsed in paragraph 23 of their statement of claim, at page 9 of the record of appeal, is as follows:

“23. Whereof the plaintiffs have suffered and claim jointly and severally as follows: A declaration that the selection process and/or purported selection of the 3rd defendant by the 4th to 6th defendants as the sole candidate for the vacant stool of Olugbo Chieftaincy is irregular, wrongful and contrary to the custom of Ugbo Kingdom. A declaration that the exclusion of the 1st plaintiff from the selection process for the vacant Olugbo Chieftaincy stool is wrongful and contrary to the custom of the Ugbo people and kingdom. A declaration…

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