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DELE ADEROHUNMU SANNI ALHAJI A.S. KOLADE BABA DAVID ABOGUNRIN OLUKAYODE ABOGUNRIN SUNDAY ABOGUNRIN (FOR THEMSELVES AND REPRESENTING ABOGUNRIN FAMILY OF ALAABE) PROF. LUKE EDUNGBOLA MR. ELIJAH EDUNGBOLA (FOR THEMSELVES AND REPRESENTING EDUNGBOLA FAMILY OF ALAABE) ALHAJI TIJANI OPELOYERU (FOR HIMSELF AND REPRESENTING MOLESO COMPOUND OF ALAABE) RAMOTU SANNI IFELODUN/IREPODUN EKITI TRADITIONAL COUNCIL CHAIRMAN, IFELODUN LOCAL GOVERNM ENT V. OBA KAMALDEEN ABDULSALAM CHIEF JIMOH AJAKAIYE CHIEF SAMUEL SUBERU OLAYINKE CHIEF SUBERU OGUNGBESAN

(2008) JELR 56540 (CA)

Court of Appeal  •  CA/IL/1/2008  •  4 Dec 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) JUMMAI HANNATU SANKEY JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA

Appearances
Ahmed Tafa Esq. (holding the brief of Goke Akande Esq.) - for the Applicants. -*- Salman Jawondo Esq. (with him, M.Y. Ali-Agan Esq.,) - for the Respondents.

Judgement

SANKEY JCA (Delivering the Lead Judgment): This ruling is predicated on a motion on notice filed by the applicants wherein they seek an order of this court granting an injunction to restrain the 1st respondent from parading, presenting and or representing himself as the Oba of Alaabe. The motion is supported by an affidavit of 19 paragraphs, attached to which are six annexures marked exhibits A to F. The applicants, in addition, filed two further and better affidavits on 24 and 27 June 2008 respectively, and annexed to the latter affidavit are two documents marked as exhibits I and G. In opposing the motion, the respondents filed a counter-affidavit of 34 paragraphs to which are also attached six documents marked exhibits 1 - 4A. In its judgment, delivered on 30 April 2007, the trial court granted three declaratory relief and order of nullification and three injunctive relief as sought by the claimants at the lower court.

Dissatisfied with the judgment of the court, the applicants he…

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