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OBA J. O. OYEWUNMI V. OBA SUNDAY OLADAPO OYEDIRAN

(2003) JELR 51611 (CA)

Court of Appeal  •  CA/I/85/93  •  15 May 2003  •  Nigeria

Coram
MURITALA A. OKUNOLA JCA (Presided and Read the Lead Judgment) VICTOR AIMEPOMO OYELEYE OMAGE JCA OLUFUNLOLA OYELOLA ADEKEYE JCA

Appearances
Lasun Sanusi, Esq. - for the Appellant. -*- Chief A. O. Ogundeji - for the Respondent. G

Judgement

OKUNOLA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of P. O. Aderemi J., then of Ogbomoso High Court, delivered on 17th January, 1990. The facts of the case briefly put were as follows:

The claims of the plaintiff/appellant at the lower court are as stated on the statement of claim at pages 59 - 60 of the records, viz:

“(a) A declaration that the plaintiff is the person having the power of prescribed authority over all the minor chieftaincies, within Ogbomoso by virtue of his appointment as such by the Oyo State Government. A declaration that the defendant/respondent has no power or right conferred on him by any law to act as prescribed authority on any minor chieftaincy whatsoever within and/or in Ogbomoso township. Injunction restraining the defendant by himself, his servants, agents, representatives or whosoever, from taking steps to nominate, approve the nomination of, install or confer on any person any minor chieftaincy title within Ogbomoso townsh…

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