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TAOFIK ADESHEINDE OYEFOLU & ORS. V. ABAYOMI ADEYOSOLA DUROSINMI

(2001) JELR 33085 (SC)

Supreme Court  •  SC.151/1996  •  6 Jul 2001  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The dispute over succession to the stool of Osolu of Irewe gave rise to this appeal. The appeal is from the decision of Lagos Division of the Court of Appeal. The chieftaincy dispute led the plaintiffs, who hereinafter shall be referred to as the appellants, to file this action against Adeyosola Abayomi Durosinmi and the Attorney-General of Lagos State in the Lagos High Court. Mr. Adeyosola Abayomi Durosinmi is the respondent, in this appeal. The declaratory reliefs claimed by the plaintiffs at the high Court are as follows:

"1. A declaration that in accordance with tradition, native Law and Custom, there is only one ruling house known as Iga Osolu, made up of descendants of Aganran Oyefolu, which is entitled to present candidates for the stool of Osolu of Irewe.

2. A declaration that the said Aganran Oyefolu family comprises 6 male lines and 4 female lines, namely, Akingbade/Omotade, Durosinmi, Adeoye, Adelu, Adeshe, Durojaiye, Asa…

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