ADEWOYIN & ORS V. ADEYEYE

• Pages: 33-39

ADEWOYIN & ORS V. ADEYEYE

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out previous notice, it could be said that the election was conducted substantially

in accordance with the regulations, or that the non-compliance did not affect the

result of the election. It is useless to keep the poll open for eight hours if the vo-

ters do not know, and have no means of finding out, what the hours during which

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it will be open are to be. While it may be a question of some nicety, how much

persistence a voter is expected to show, people wishing to exercise their constitu-

tional right of voting cannot reasonably be asked to neglect their other affairs in-

definitely while waiting for the poll to open, and I do not consider that a voter who

had lost patience by 11.30 a.m. and gone away, with no information as to when

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polling was likely to start, could be expected to make another visit to the polling

station later in the day in case the poll should be open. Chief Williams, wisely per-

haps, did not touch on this aspect of the question, which would seem to me to be

fatal to the appeal.

On these grounds I would uphold the finding that a substantial irregularity was

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proved in relation to stations 22 and 23. and I would dismiss the appeal with costs

assessed at 40 guineas.

Appeal dismissed.

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ADEWOYIN & ORS V. ADEYEYE

25 1. E.T. ADEWOYIN

2.

J.L. ADEBOWALE

3.

J.K. ADEYEYE

4.

G.O. ADEMILUYI

5.

ADEBAYO ADEMILUYI

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representing the ADEMAKIN/

ADEMILUYI family of Ife

V

JONES ADEYEYE

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FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

28th January, 1963.

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APPELLANTS

RESPONDENT

SUIT NO. FSC 167/1962

Native Law and Custom - Family land. Sharing of Ishakole - Oni of Ife's power

to grant land - Extent of power - Natural justice - Family land allotted to

branch - right of branch to sue

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Practice and Procedure - Action - Plaintiffs - Branch suing re family land allotted

to it.

ISSUES:

1.

Whether the members of a family branch are entitled to share the 'Ishakole paid

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by tenants of their jointly owned land as opposed to one member of the branch

alone receiving the Ishakole'.

2.

Whether the Oni of Ife has power to make a grant for land under cultivation as

opposed to virgin forest.