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OBA SIMEON OLATUYI V. THE GOVERNOR OF ONDO STATE & ANOR

(2016) JELR 41425 (CA)

Court of Appeal  •  CA/B/24/2004  •  31 May 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
Kolawole Esan, Esq. with F. Famoriyo (Miss) and Y. Onadipe (Miss) For Appellant F. K. Salami, Esq. DAS with B. Ayabusi PLO, Ministry of Justice Ondo State for 1st Respondent O. B. Tobase, Esq. for 2nd Respondent For Respondent

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th September, 2002 in the High Court of Ondo State holden at Ondo. The Appellant was Plaintiff and the Respondents were the Defendants.

The claim of the Appellant against the Respondents was for following:

(a) A declaration that the Plaintiff is in accordance with the history, native law custom and tradition of Akotogbo, the paramount ruler of Akotogbo.

(b) A declaration that the 2nd Defendant is a Chief of Larogbo quarter within Akotogbo, which is the domain of the Plaintiff.

(c) Injunction restraining the said 1st Defendant, his servants, officers and agents from dealing with the Plaintiff in matters concerning Akotogbo as if the Plaintiff and the 2nd Defendant are equals or that the 2nd Defendant's status is superior to that of the Plaintiff.

The facts of the case discernible from the evidence of the few witnesses called by both parties are as follows: According to Oba Simeo…

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