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CHIEF AJIJOLAOGUN ODE & ANOR v. IDOFIN IGBANA OBA-IN-COUNCIL & ORS

(2008) JELR 45370 (CA)

Court of Appeal  •  CA/IL/15/2007  •  11 Jun 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; SOTONYE DENTON-WEST JCA; JUMMAI HANNATU SANKEY JCA;

Judgement

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.

The claim of the Appellants, who were the claimants in a civil suit at the High Court, was as follows:

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.

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.

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.

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 …

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