OBA J.O. AINA & CHIEF MICHAEL AWOYEMI (THE EDEMORUN OF ERINMOPE-EKITI) V. CHIEF ISRAEL ADEBAYO DADA & MOBAL LOCAL GOVERNMENT
(2024) JELR 112337 (SC)
Supreme Court
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SC. 971/2017
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21 Jun 2024
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Nigeria
Coram
UWANI MUSA ABBA AJI, JSC
HELEN MORONKEJI OGUNWUMIJU, JSC
CHIDIEBERE NWAOMA UWA, JSC
STEPHEN JONAH ADAH, JSC
ABUBAKAR SADIQ UMAR, JSC
Appearances
K. B. A BADMUS, ESQ., FOR THE APPELLANT.
ROTIMI BUNMI ADABEMBE, ESQ., FOR THE 1ST RESPONDENT.
2ND RESPONDENT IS A NOMINAL PARTY.
Judgement
<p style="text-align: justify"><strong>ABUBAKAR SADIQ UMAR, JSC (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the Court of Appeal, Ekiti Judicial Division wherein the court affirmed the judgment of the High Court of Ekiti State which granted the 1st Respondent's claims against the Appellants. The Appellants are dissatisfied with the judgment of the lower court and have expressed their dissatisfaction by filing a further appeal to this court against it.</p><p style="text-align: justify"><strong><u>BRIEF STATEMENT OF FACTS</u></strong></p><p style="text-align: justify">The 1st Respondent commenced the action that gave rise to this appeal at the High Court of Ekiti State sitting in Ido Ekiti against the Appellants and the 2nd Respondent as 1st -3rd defendants. By his Further Amended Statement of Claim dated the 21st November, 2007, the Respondent prayed the court as follows:</p><p style="text-align: justify"><strong><em>(a) A declaration that the Plaintiff is a senior Chief in rank to the 1st defendant, (sic) 2nd defendant as the 4th in rank to the 1st defendant while the 2nd defendant is 5th in rank and that the defendants cannot in…</em></strong></p>