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CaseLaw

Afolayan V. Ogunrinde (1990) CLR 2(b) (SC)

Judgement delivered on September 29th 1988

Brief

  • Cause of action
  • Finding of fact
  • Evaluation of evidence
  • Native law and custody
  • Section 236 of the constitution 1979
  • Oko native law and custom of Kwara State

Facts

On the 27th day of November, 1989, after considering the submissions of counsel for the appellant and respondents made to the court in their briefs in writing and orally before us in this court, I dismissed the appeal with N500.00 costs to the respondents and reserved my reasons for the judgment till today. I now give them.

Proceedings in this matter were commenced in the Ilorin Judicial Division of Kwara State High Court by a writ of summons filed by the plaintiffs/respondents as plaintiffs against the defendant/appellant as defendant claiming therein

  • 1
    "a declaration that the defendant being a ward head of Inishan within Oko village in Kwara State is not entitled under Oko native law and custom to wear any crown without the consent and approval of the Oloko of Oko and his chiefs;
  • 2
    an order of injunction on the defendant not to wear any crown without the consent and approval of Oloko of Oko and his chiefs.

Pleadings were filed and served and at the close of pleadings, the issues joined came up for hearing and determination before Oyeyipo, J. (as he was then). At the conclusion of the hearing of the evidence of witnesses and addresses of counsel, the learned trial Judge gave a well-considered judgment in favour of the plaintiffs/respondents granting the declaration sought.

These findings were confirmed by the Court of Appeal. The appellant has shown no special circumstances that would justify disturbing them. It was for this reason and the more detailed reasons in the lead judgment that I dismissed the appeal.

Issues

  • 1
    Whether or not the plaintiffs had a cause of action;...
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