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P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the judgment of the Court of Appeal, Kaduna Division, which had allowed an appeal by the defendants against the judgment of Orilonise, J. sitting in an Ilorin High Court. The Court of Appeal had also made a consequential order of non-suit against the plaintiff.
The plaintiff had in the High Court claimed for a declaration that he was recognized as the Bale of Oro by the 1st, 2nd and 3rd defendants, that their purported withdrawal of the recognition and subsequent recognition of the 5th defendant was null and void. He also claimed an order of injunction restraining the 5th defendant from parading himself as the Bale of Oro Town.
Plaintiffs case in a nutshell was that he was duly nominated by Bale Egin Orunmila ruling house, presented to the kingmakers of Oro by the Asanlu of Oro and Aro of Oro and was duly installed as the Bale of Oro on the 1st of August, 1980. He was duly recognize…