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T.A.O. WILSON & ANOR V. A.B. OSHIN & ORS.

(2000) JELR 44195 (SC)

Supreme Court  •  SC.229/1994  •  23 Jun 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABUBAKAR BASHIR WALI JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 15th April, 1994, the Court of Appeal, Benin Division, holden at Benin City (Coram Ogebe J.O., Ubaezonu, E.C., Ige, A. JJCA) dismissed the appeal of the appellants against the judgment of Awe J, of the Ondo High Court delivered on the 23rd February, 1990. In the suit in the Ondo High Court, appellants as plaintiffs in their writ of summons claimed against the respondents as defendants, declarations that according to the native law and custom of Emure-Ekiti, the Adumori Ruling House is the only Ruling House of Emure-Ekiti Chieftaincy, that there is no Abenimota Ruling House to the Elemure of Emure-Ekiti Chieftaincy. They also sought a declaration that the recommendation of the Morgan Chieftaincy Review Commission that Abenimota be made a Ruling House to the Emure-Ekiti Chieftaincy is against the history, and native law and custom, and hence wrongful, null and void, and of no effect. Accordingly, the acceptance of the said r…

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