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PA SHITTU OLAOYE & ANOR v. ALHAJI AILERU AKANDE & ORS

(2017) JELR 37546 (CA)

Court of Appeal  •  CA/I/183/2009  •  20 Oct 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Oyo State High Court Ibadan in Suit No. HSK/21/2004 delivered on the 16th day of April, 2007.

THE FACTS:

Sometime in July 2003, the then Baale of Igbeti joined his ancestors. There was in existence a Chieftaincy Declaration dated the 10th day of November, 1981 and registered on the 12th day of November, 1981 which is applicable when there is need to fill a vacant stool of Baale of Igbeti. The 1981 Chieftaincy Declaration recognizes two ruling houses which are the Okose/Ladekan Chieftaincy family and Atiba/Lahanmi Chieftaincy family. The Declaration also recognizes rotational policy between the families. The Late Baale of Igbeti came from the family of Okose/Ladekan and by virtue of the 1981 Chieftaincy Declaration; it is the turn of Atiba/Lahanmi to produce the next candidate for the stool. Immediately after the death of the then Baale of Igbeti in July, 2003 the Plaintiffs Family (…

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