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OLUSOLA FATUNBI VS EBENEZER O. OLANLOYE

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OLUSOLA FATUNBI VS EBENEZER O. OLANLOYE

Legalpedia Citation: (2004) Legalpedia (SC) 71962

In the Supreme Court of Nigeria

Fri Jun 25, 2004

Suit Number: SC. 24/2000

CORAM


GEORGE B. A.COKER, CHIEF JUSTICE OF NIGERIA

SULEIMAN GALADIMA, JUSTICE,SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE SUPREME COURT


PARTIES


1. OLUSOLA FATUNBI2. ALABI BANGBOYE (for themselves and on behalf of Fatunbi & Morenikeji Ruling Houses of Igbogila) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant and the respondent were both nominated by the Oshin ruling house to contest the vacant chieftaincy position in dispute, the respondent was declared winner upon which the appellant filed this suit claiming among other things that ther was nothing like the oshin ruling house.


HELD


The court held that there was adequate evidence to prove that Oshin is a ruling house in Igbogila, and this being the fundamental issue between the parties all other incidental reliefs claimed by the appellants also fail.


ISSUES


Whether the lower Court was right in holding that the failure of the Appellants to prove so as found by the learned trial Judge that there is Oshin Ruling House must affect the fate of other reliefs by the Appellants which are secondary or incidental to the success of the main claim on the eligibility of Oshin as a ruling house in Igbogila.


RATIONES DECIDENDI


CASES CITED


AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM   1960   FSC 267/1959   [1960] NSCC 12Djukpan V. Orovuyerbe (1967) 1 All N.L.R. 134 at 140 Anyabunsi V. Igwunze (1995) 6, NIWILUR. (Pt. 401) 225 at 272AKINBOBOLA VS. PLISSON FISCO [1991] 1 NWLR (Pt. 167) 270ONAJOBI VS. OLANIPEKUN [1985] 4 SC (Pt. 2) 156. IKE VS. UGBOAJA [1993] 6 NWLR (Pt. 301) 539, ANYANWU VS. MBARA [1992] 5 NWLR (Pt. 242) 386


STATUTES REFERRED TO


None


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