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ALHAJI SHEU F. OYENIYI & ORS V. ALHAJI YUNNUS BUKOYE, ESSA OF OFFA & ORS

(2013) JELR 57498 (CA)

Court of Appeal  •  CA/IL/71/2012  •  9 Jul 2013  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA (Presided and Read the Lead Judgment) OBANDE F. OGBUINYA JCA TIJJANI ABUBAKAR JCA

Appearances
J. O. Baiyeshea, SAN with him, T. Oladipo, Kayode Odetokun, Y.A. Dikko and Vincent Adodo) for the Appellants; R. A. Lawal-Rabana, SAN with him, Akin Akintoye, Iwalola Bello (Mrs.), Kizito Oji, A. G. Adekola-Bank and Tolu Adekola for the 1st - 5th Respondents. -*- Kamaldeen Ajibade (Attorney-General, Kwara State) (with him, -*- M.A. Orire (PSC), M. A. Samah (PSC), G. R. Moyosore (SSC) and -*- O. S. Balogun) - for the 6th and 7th Respondents.

Judgement

MUKHTAR JCA (Delivering the Lead Judgment): This appeal challenges part of the judgment of the High Court of Kwara State delivered by S. M. Akanbi, J. on 19 July 2012 wherein the learned trial judge held, inter alia , that ascension to the vacant stool of the Olofa of Offa is not rotational and upheld the appointment and installation of the 5th respondent as the Olofa of Offa. The appellants as claimants at the court below initiated the proceedings that culminated into this appeal by filing a writ of summons dated and filed on 9 June 2010 front-loaded with a statement of claim and depositions of witnesses challenging the appointment and installation of the 5th respondent as the Olofa of Offa.

Hostilities between the parties were ignited by some recent developments. The appellants and the 1st -5th respondents belong to the Olugbense (Male) Ruling House and theAnilelerin (Female) Ruling House in the Offa monarchy respectively. The previous Oba Mustafa Olawore Olanipekun Ariwajoye II,…

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