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LASISI AKANJI OLUODE & ANOR V. MR. WAIDI ISHOLA ABESUPINLE

(2008) JELR 46864 (CA)

Court of Appeal  •  CA/I/175/2004  •  28 Apr 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Honourable Justice S. A. Akinteye of the Oyo State High Court of Justice, Ibadan, delivered on 8th day of January, 2004 dismissing the appellants' application challenging the jurisdiction of the court to entertain the plaintiff/respondent's suit.

In the Writ of Summons and paragraph 12 of the Statement of Claim, the plaintiff sought the following declaratory and injunctive reliefs:-

"1. A declaration that the 1st defendant is not fit and proper person to be appointed and installed as the Baale of Ile Titun Araromi village, Ibadan, by the 2nd defendant.

2. Declaration that the appointment and installation of the 1st defendant as the Baale of Ile Titun Araromi village, Ibadan by the 2nd defendant is unlawful, irregular, null and void and of no legal effect whatsoever.

3. Perpetual injunction restraining the 1st defendant from parading himself as the Baale of Ile Titun Araromi village, …

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