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LAWRENCE ADEBOLA OREDOYIN & ORS. V. CHIEF AKALA AROWOLO & ORS.

(1989) JELR 42953 (SC)

Supreme Court  •  SC.68/1988  •  11 Jul 1989  •  Nigeria

Coram
KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
Chief G.O.K. Ajayi, S.A.N. (with him, Chief Femi Alokolaro, O.B. Ashiru and Miss Bola Owolana) Mrs. D.F. Akinsanya, Director of Civil Litigation, Lagos State (with her. Alhaji Y.O. Yusuf, Mrs. O.P. Adeyemi, Principal State Counsel and L.C. Dibia. Senior State Counsel) For Appellant E.O. Sofunde. S.A.N. (with him. Mrs. O. M. Ayeni) For Respondent

Judgement

ESO, J.S.C. (Delivering The Leading Judgment): An appeal has been filed against the judgment of the Court of Appeal [Ademola, Uthman Mohammmed and Owolabi, JJ.C.A.]. The majority judgment, which was the judgment of the court, was written by Owolabi Kolawole, J.C.A., with which Adenekan Ademola, J.C.A., concurred, with Uthman Mohammed, J.C.A., dissenting.

It was a chieftaincy matter and the claim of the plaintiffs, Chief Akala Arowole, Chief Salawu Soberu and Chief Bakare Okobale for themselves and as representatives of all members of Osugbo and other cults in Imota, except the first to third defendants, was as follows:

(i) A declaration that the appointment of the 1st defendant Lawrence Adebola Oredoyin as the Ramodu Imota is unlawful and ought to be set aside.

(ii) An order setting aside the said appointment;

(iii) An order restraining the 1st defendant from holding himself out as the Ramodu of Imota or performing any of the customary functions of the said Chieftaincy.

(iv) A declar…

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