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JACOB POPOOLA & ORS. V. JOSHUA OYEYEMI ADEYEMO & ANOR.

(1992) JELR 43196 (SC)

Supreme Court  •  SC.292/1989  •  25 Sep 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; SHEHU USMAN MOHAMMED JSC;

Appearances
C.J. Chukwura For Appellant O.A. Boade, Ag. D.L.A.S. Ministry of Justice, Oyo StateChief G.O.K. Ajayi, SAN (with him, M.A. Jacobs and Eric Akpan) For Respondent

Judgement

S. U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The plaintiffs, who are respondents in this Court commenced proceedings against the defendants now appellants in the Ogbomosho High Court of Oyo State and in their amended writ of summons claimed the following reliefs:-

"(a) Declaration that the defendants are not members of any of the five Ruling Houses of Ajawa and therefore cannot vie for contest and or be appointed as an Alajawa of Ajawa.

(b) Declaration that the chieftaincy declaration made pursuant to section 4(2) of the Chiefs Law 1957 in respect of Alajawa of Ajawa approved on the 15th day of September, 1958 and registered on the 16th day of September, 1958 is null and void and of no effect and is contrary to the custom and practice of Ajawa in so far as it included Olajolu Ruling House as one of the Ruling Houses in Ajawa.

(c) An order of injunction restraining the 3rd and 4th respondents from appointing, approving the appointment of either the 1st and 2nd defendant a…

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