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JOSIAH OLOMOSOLA & ANOR. v. CHIEF ALADIRE OLORIAWO & ANOR.

(2001) JELR 44291 (CA)

Court of Appeal  •  CA/B/351/96  •  2 Jul 2001  •  Nigeria

Coram
NIKI TOBI JCA; BABA ALKALI BA' ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

TOBI, J.C.A. (Delivering the Leading Judgment): Following the death of Chief Gabriel Omoniyi, the stool of Okiti of Iju became vacant. It is the Ausi Chieftaincy of Imun Quarter, Iju. Oba Amos Farukanmi, the 1st appellant, was installed as the Okiti of Iju.

Thereafter, Josiah Olomosola, the 2nd appellant, was installed as the Ausi of Imun Quarter, Iju by the 1st appellant.

An action was filed in the High Court of Ondo State, Akure Judicial Division by the respondents seeking two declarations and an order of injunction as follows:

(a) Declaration that the purported nomination and installation of Mr. Josiah Olomosola the 1st defendant as Chief Ausi of Imun Quarters, Iju by Oba Amos A. Farukanmi, the 2nd defendant sometime in March, 1993 are irregular contrary to native law and custom of Imun Quarters, Iju and thereby null and void.

(b) Declaration that Mr. Isaac Fatuase the 2nd plaintiff is the person properly nominated as the next Chief Ausi of Imun Quarters, Iju according to native la…

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