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CHIEF JOSEPH TAIWO & ORS. V. MR. NICHOLAS OGUNDELE & ORS.

(2012) JELR 48545 (SC)

Supreme Court  •  SC.142/2004  •  25 May 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC;

Appearances
Yusuf O. Ali, SAN, for the Appellants with him, S. A. Oke Esq., I. O. Atofarati Esq., A. W. Raji Esq., Jima Ahmed (Miss) and S. O. C. Giwa Esq. For Appellant Mr. Akeem Agbaje Esq., for the Respondents with Gboyegi Alawode For Respondent

Judgement

M. S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This is a chieftaincy tussle. The Appellants herein were plaintiffs in the High court of Justice Ikirun in Osun State.

The plaintiffs prayed for the following reliefs in their amended statement of claim paragraph 33 thereof:-

1. Whereof the plaintiffs claim against the defendants jointly and severally as follows:-

i) A Declaration that the Odofin family of the Oke-Iroko's compound Ijabe, is the only family entitled to the Odofin of Ijabe Chieftaincy title.

ii) A Declaration that members of the 1st - 4th defendants family i.e Ajala family of Ajala's compound, Ijabe are not members of Odofin of Ile-Oke Iroko family and are therefore not entitled to the Odofin of Ijabe Chieftaincy title.

iii) An Order that the 1st - 4th defendants' family should remove the sign post bearing the inscriptions of "Odofin Obafemi Compound" erected in their Ajala family compound in Ijabe from their compound.

iv) An Order that all members of th…

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