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CHIEF SIMEON KAYODE OLAYIOYE V. MADAM CECILIA AJIBIKE & ANOR

(2011) JELR 49220 (CA)

Court of Appeal  •  CA/IL/M.21/2007  •  7 Dec 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JOSEPH SHAGBAOR IKYEGH JCA; ITA GEORGE MBABA JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal was brought by an interested party. It is against the decision of the High court of Justice of Kwara state holding at Omu- Aran (the court below). The judgment was given on 25/5/2005. The original parties in the court below were the present claimant/respondent, one Madam Cecilia Ajibike, and the defendant/respondent, one Mr. John Kolawole Asanlu (For the Asanlu Family Oro). At the end of the proceedings, the court below gave judgement for the claimant/respondent that there are only three Ruling Houses in the Asanlu of Oro chieftaincy. It went ahead to enter an order of permanent injunction against any attempt to increase or expand the number of Ruling Houses or Families for the Asanlu of Oro chieftaincy.

The case in the court below commenced on a writ of summons with a statement of claim traversed by a statement of defence. Only the claimant/respondent testified. She did not call any witness. The defendant/re…

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