CHIEF DANIEL AWODELE OLOBA V. ISAAC OLUBODUN AKEREJA
(1988) JELR 46617 (SC)
Supreme Court
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SC.52/1986
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1 Jul 1988
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Nigeria
Coram
ANDREWS OTUTU OBASEKI JSC;
AUGUSTINE NNAMANI JSC;
SAIDU KAWU JSC;
CHUKWUDIFU AKUNNE OPUTA JSC;
ABUBAKAR BASHIR WALI JSC;
Appearances
A. Ade Obe (Mrs.) For Appellant
G. Adedoja, Esq. For Respondent
Judgement
<p><strong>A. O. OBASEKI, JSC</strong>: The claim filed by the appellant in the Idanre/Ifedore Grade I Customary Court, holden at Igbara-Oke in Ondo State in January, 1980 was for:</p><p> "(1) declaration that the defendant is not a member of Sapetu family of Igbara-Oke;</p><p> (2) declaration that the defendant has no claim to the rights, privileges, honour and estate of the said Sapetu family of Igbara-Oke;</p><p> (3) injunction restraining the defendant from parading himself as a member of the said Sapetu family of Igbara-Oke; </p><p> (4) further injunction restraining the defendant, his servants and agents from doing anything inconsistent with the rights, interests and entitlements of the Sapetu family;</p><p> (5) special damages of N200.00 for parading himself as indication (sic) in paragraph 3 above."</p><p> Following the service upon him of the summons, the defendant/respondent filed a motion challenging the jurisdiction of the court and more especially in the following terms:</p><p> Motion of Notice </p><p> Under Orde…</p>