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THOMAS ADESOLA OYETAYO & ORS. V. GANIYU LAWAL MOSOJO & ORS.

(1997) JELR 45417 (CA)

Court of Appeal  •  CA/I/243/91  •  12 Jun 1997  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MURITALA AREMU OKUNOLA JCA; DALHATU ADAMU JCA;

Judgement

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kolawole J. of the Oyo (now Osun) State High Court sitting in Oshogbo delivered on 22/3/90 in which the court entered judgment in favour of the plaintiff/1st respondent and against defendants/appellants.

The facts of this case briefly put are as follows: The 1st respondent herein as plaintiff sued the appellants herein as defendants claiming as per his amended Writ of Summons as follows:

(i) Declaration that the appointment and installation of Mr. Thomas Adesola Oyetayo (i.e. 1st defendant) by 2nd, 3rd, 4th, 5th, 6th, 7th and 8th defendants as the Obasinkin of Ila is contrary to the Native Law and Custom of Ila Orangun and is therefore null and void.

(ii) Perpetual injunction restraining the 1st defendant from acting and or parading himself as the Obasinkin of Ila Orangun.

(iii) Perpetual injunction restraining the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th defendants from recognizing th…

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