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PRINCE MICHAEL ADETOYE OBATUGA & ANOR V. PRINCE RAYMOND ADEWOLE OYEBOKUN & ORS

(2014) JELR 46983 (CA)

Court of Appeal  •  CA/B/146/2006  •  27 Feb 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
Chief Wole Olanipekun - SAN - with Ifeolu Koni, Bolarinwa Awujoola and Ayo Adesanmi for the appellants and 1st and 2nd respondents in the Cross Appeal. For Appellant Eyitayo Jegede Esq. SAN - Attorney General Ondo State with F. K. Salami, F. S. Akinnibosun for the 5th, 6th and 7th respondents in the main appeal and for the 1st, 2nd and 3rd cross - appellants.Adekola Olawoye with Olusegun Olubola for the 1st to 4th respondents in the main appeal and 3rd to 6th respondents in the cross appeal.C. O. Ogungbemi (DDLD/LR) Ondo State for the 8th respondent in the main appeal and 7th respondent in the cross appeal. For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal and a cross - appeal on the judgment of Akintoroye J. of the Ondo State High Court, sitting at Okitipupa Judicial Division and delivered on 14th day of December, 2005. The 1st - 4th respondents in this appeal were the plaintiffs in the court below. They as plaintiffs took out a writ of summons on 27/5/2003 against amongst others the appellants and the 5th - 8th respondents in this appeal. By paragraph 24 of their further Amended Statement of Claim of 9/12/2004, the plaintiffs claim against the defendants jointly and severally as follows:

a. The 1st plaintiff being the person with the majority support of the (Ijamas) Kingmakers is the person entitled under Idepe Native Law and Custom to be recognized by the 1st defendant as the Jegun of Idepe.

b. A declaration that under Idepe Native Law and Custom the Council of all High Chiefs otherwise known as "Ijamas" constitute the kingmakers to the Jegun of Idepe…

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