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ALHAJI T. A. OGBORIEFON V. ISMAILA O. OGBORIEFON & ANOR.

(2011) JELR 37484 (CA)

Court of Appeal  •  CA/I/218/03  •  2 Mar 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA; JOSEPH SHAGBOR IKYEGH JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Oyelaran J. sitting at High Court No. 17, High Court of Justice Ibadan delivered on the 14th day of March, 2002, against the plaintiff/Appellant.

The plaintiff/Appellant filed a motion on notice for an order of certiorari with affidavit in support dated the 18th day of July, 2001. He also filed a further affidavit with Exhibits dated the 27th July, 2011.

The defendants/respondents filed their counter affidavit dated the 29th of October, 2001, they also filed a further counter affidavit with Exhibits dated the 5th of December, 2001.

Briefly put, the facts of this case as could be gathered from the pleadings by the parties is that the 1st Respondent is the Mogaji of Ogboriefon family. The Appellant is also a member of the family. The 2nd Respondent (Olubadan of Ibadan) is the consenting authority for minor chieftaincy to which a Mogaji belong.

After the demise of the last Mogaji of the fa…

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