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PASTOR I. F. OLANIYAN & ORS v. MR. E.O. OYEWOLE & ORS

(2010) JELR 33276 (CA)

Court of Appeal  •  CA/IL/30/2010  •  8 Dec 2010  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; IGANTIUS IGWE AGUBI JCA; CHIMA CENTUS NWEZE JCA;

Judgement

TIJJANI ABDULLAHI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the High Court of Justice, Kwara State in Suit No. KWS/OM/08/2006. Coram II O. Ajayi (J) delivered on the 5th day of October, 2009.

The appellants were the claimants/plaintiffs whilst the respondents were the defendants in the lower Court. The appellants vide their writ of summons dated and filed on 28th February, 2006 sued the respondents herein and claimed as follows:

"i. The purported appointment of the 1st defendant by the 2nd - 5th defendants as the Onirore (Oba) of Rore is null and void as it was made contrary to the agreement of August/September 1978 between the Kingmakers and the entire Rore community on the one hand and the Ologbo/Arutu royal family on the other;

ii. an order to set aside the in absentia installation of 20/10/2005 and the confirmatory re-installation of 23/10/2005 and 4/11/2005 on the ground that they are contrary to Rore native law and custom and therefore null a…

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