CaseLaw
OOwoyemi V. Adekoya
Judgement delivered on December 12th 2003
Brief
Facts
The present 1st Respondent was the Plaintiff, the 2nd and 3rd Respondents were the 1st and 2nd Defendants; while the Appellant was the 3rd Defendant.
The reliefs sought in the main claim were five and were stated against only the 1st and 2nd Defendants. This remained unchanged even after the writ of summons and statement of claim were amended consequent upon the joinder of the 3rd Defendant upon the application made by him to the Court.
The Plaintiff's claims (amongst others) against the first and second Defendants was for a declaration that the nomination of the Plaintiff by the Agbonmagbe Ruling House on the 10th day of May, 1982 to fill the vacancy in the Dagburewe of Idowa Chieftaincy is valid.
The learned trial Judge accepted the Plaintiff's case and granted the reliefs sought. The counterclaim of the 3rd Defendant was dismissed.
Dissatisfied, appellant appealed to the Court of Appeal, which in a unanimous judgment upheld the judgment of the trial Court.
Still dissatisfied the 3rd Defendant/Appellant appealed to the Supreme Court.