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SOLANKE & ORS V. FASINA & ORS.

(2022) JELR 109136 (CA)

Court of Appeal  •  CA/IB/424/2017  •  10 Jan 2022  •  Nigeria

Coram
Jimi Olukayode Bada, JCA Folasade Ayodeji Ojo, JCA Abdul-Azeez Waziri, JCA

Appearances
P.I. OGAH For the Appellant; J.O. OGUNWALE WITH HIM L.O. RAHEEM for the 1st Respondent; MRS O.A. DANKUWO, Assistant Chief State Counsel Ministry of Justice, Ogun State for the 2nd – 4th Respondents; T. T. OSENI for the 5th Respondent.

Judgement

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal emanated from the judgment of the High Court of Justice, Ogun State, sitting at Ota Judicial Division in SUIT NOS. HCT/100/2011 BETWEEN CHIEF TAOFEEK OLAWALE FASINA (Baale of Ososun) --- Claimant AND CHIEF HEZEKIAH SOLANKE (The Ekerin of Ososun or Coronet Oba) and 6 ORS --- Defendants, delivered on the 3rd of July 2017. In that judgment, the learned trial Judge granted the Claimant’s claim in part, dismissed the counter-claim of the 1st Defendant and granted the counter-claim of the 6th Defendant in its entirety.

The instant 1st Respondent who was the Claimant at the lower Court took out a writ of summons wherein he sought the following reliefs:

a) A declaration that the act of the 2nd–7th defendants by appointing the 1st defendant Coronet Oba of Ososun is null and void.

b) A declaration that the 1st defendant is not entitled to be appointed and installed Coronet Oba of Ososun i.e. the appointment or anyth…

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