CHIEF AJIJOLAOGUN ODE & ANOR V. IDOFIN IGBANA OBA-IN-COUNCIL & ORS
(2008) JELR 45370 (CA)
Court of Appeal
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CA/IL/15/2007
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11 Jun 2008
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Nigeria
Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA;
SOTONYE DENTON-WEST JCA;
JUMMAI HANNATU SANKEY JCA;
Appearances
Chief S. F. Adeyemi, Esq. For Appellant
P. O. Ayoola, Esq. For Respondent
Judgement
<p>JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Ilorin, Kwara State delivered on the 18th July, 2006 by Akoja, J. </p><p> The claim of the Appellants, who were the claimants in a civil suit at the High Court, was as follows:</p><p> 1. A Declaration that it is the turn of lie Olowu family in Odo-Eru Ruling House to produce an Oba for Idofin Igbana in Oke-Ero Local Government Are of Kwara State and not Alomilogba family.</p><p> 2. A Declaration that the appointment of the 3rd Defendant by the Oba-in Council as represented by the 1st and 2nd Defendants is wrong, null and void.</p><p> 3. An order that the 3rd Defendant should not parade himself as the appointed candidate to mount the stool of Oba of Idofin Igbana of Oke-Ero Local Government Area of Kwara State. </p><p> In defence to the claim, the Respondents, as Defendants, filed their Statement of Defence/Counter claim. Thereafter, they also filed a Preliminary Objection to the hearing …</p>