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CaseLaw

Okulate V. Awosanya (2000) CLR 2(p) (SC)

Brief

  • Jurisdiction of State High Court
  • Academic questions (Attitude of Court to)
  • Interpretation of Statute
  • Family status

Facts

Respondents sued appellants claiming- "As against the 1st and 2nd defendants, a declaration that thy or any member of their respective families are not entitled to be nominated, approved and/or appointed to the members of Oresolu Family.

As against the 3rd, 4th and 5th defendants, perpetual injunction restraining them from ever recognising, approving, appointing and /or gazetting either of the 1st and 2nd defendants or anyone from their families as the Olisa of Makun, Sagamu."

Appellants raised the issue of the jurisdiction of the Court to try and determine the matter but the issue was not taken in limine at the trial court and the case proceeded to full trial.

The Court held that it had jurisdiction by virtue of section 236(1) of the 1979 Constitution and granted the reliefs claimed by the respondents.

Appellants appealed to the Court of Appeal which also dismissed the appeal.

The Supreme Court now heard the appeal.

Issues

  • 1
    Whether the Court of Appeal was not in error when it held that the...
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