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LASISI OYEWUNMI AROYEWUN ORS VS OBA YESUFU ADEOLA ADEDIRAN

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LASISI OYEWUNMI AROYEWUN ORS VS OBA YESUFU ADEOLA ADEDIRAN

Legalpedia Citation: (2004) Legalpedia (SC) 11501

In the Supreme Court of Nigeria

Fri Jul 9, 2004

Suit Number: SC. 206/1999

CORAM


SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT


PARTIES


1. LASISI OYEWUNMI AROYEWUN2. ALHAJI LASISI AYODABO3. TAFA ODEDE4. ALHAJI ALAKA IKU OLA5. AMUSA ADEBISI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondent brought an action for declaration that he is the only recognized chief in Irawo. The appellant had contested the position with him in 1952 and lost and went to a place within the Irawo community to form another village.


HELD


The court held that the action was not a Chieftaincy matter and that the findings of fact that the 1st Respondent was the only recognized Chief of Irawo Community was clearly supported by the evidence.


ISSUES


1. Whether in all the circumstances of this case the Court of Appeal was right in making the order for declaration as made and in granting the order of injunction.2.  Whether the Court of Appeal was right in holding that the trial Court has jurisdiction in the matter and that the dispute was not a chieftaincy dispute within the ouster clause of the Chiefs Law.?


RATIONES DECIDENDI


CASES CITED


Akeredolu V. Akinremi (1989) 3 NWLR (Pt. 108) 164, Osho V. Foreing Finance Corporation (1991) 4 NWLR (Pt.184) 15


STATUTES REFERRED TO


The Chiefs Law Cap. 19 Vol. 1 Laws of Western Nigeria 1959


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