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CaseLaw

Odejide V. Akanni ((2009) CLR 1(f) (SC)

Judgement delivered on January 12th 2009

Brief

  • Family head
  • Family meeting

Facts

This appeal arises out of a dispute between members of the Idobarun Ruling House. It was the turn of the family to produce the Oba of Ado-Odo, Ogun State. The Appellants insisted that the exercise could not be done until the Court case as to who was to be the I-lead of the family was determined in a suit pending at the Ogun State High Court, Otta. Following a notice issued by the Secretary of Ado-Odo Local Government, a meeting of the Idobarun Ruling House Family members was convened to elect the Oba- elect. At the said meeting, the first Respondent emerged as the Oba-elect by 121 votes. No other person contested with him. Twenty-one persons at the meeting abstained from voting. The Plaintiffs/Appellants instituted an action to challenge this resolution, which was upheld by the trial Court. The judgment was however reversed by the Court of Appeal.

The contentions of the Appellants in this appeal to the Supreme Court are (1) that the meeting of the family held on 8/4/93 was invalidly convened as the Court case concerning the leadership of the family had not been concluded. (2) That the 1st, 3rd and 4th Appellants were excluded from the meeting of 8/4/93. (3) That the minutes of the meeting recorded by D.W.1 had no probative value. (4) That there were strangers at the meeting of 8/4/93 and (5) Generally, that the meeting was irregular, null and void.

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