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PRINCE ADEBAJO SOSANYA V. ENGINEER ADEBAYO IDOWU ONADEKO EXECUTIVE GOVERNOR OF OGUN STATE ATTORNEY GENERAL & COM MISSIONER FOR JUSTICE, OGUN STATE IKENNE LOCAL GOVERNMENT COUNCIL CHAIRMAN A. A. SOWALE, SECRETARY OGUNSERE RULING HOUSE CHIEF J. S. SOBAKIN (FOR AND ON BEHALF OF AUTHORISED 12 KINGMAKERS IN RESPECT OF ODEMO OF ISARA)

(2005) JELR 57493 (SC)

Supreme Court  •  SC 294/2000  •  11 Feb 2005  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC (Presided) AKINTOLA OLUFEMI EJIWUNMI JSC (Read the Lead Judgment) NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC SUNDAY AKINOLA AKINTAN JSC

Appearances
M. O. Ayorinde (with him, K. F. Elelu) for the Appellant; Chief Idowu Sofola SAN (with him, A. Awosanya & Oluseun Sofola) for the 1st, 5th and 6th Respondents; -2nd, 3rd and 4th Respondents were absent and not represented.

Judgement

EJIWUNMI JSC (Delivering the Lead Judgment): This appeal is against the judgment of the court below (coram: Onalaja, Tabai and Adekeye JJCA), wherein the court affirmed the judgment of the trial court, except the portion of the judgment on the propriety of joining the 4th respondent as a party to the suit. The action which is the subject of the appeal, was commenced by the appellant at the High Court of Justice of Ogun State in the Sagamu Judicial Division, before Ogunade J, claiming declaratory reliefs and injunction against the selection of the 1st respondent as the Odemo of Isara.

Following the orders of the trial court, the parties filed their pleadings which were later amended with the leave of the court. Hence, the appellant’s case is as contained in his amended statement of claim. The defendants now respondents, for their part, defended the claims in two parts. For the first part, the 1st, 5th and 6th respondents filed an amended statement of defence. The appellant joined issu…

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