BURAIMOH V. ESA & ORS

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BURAIMOH V. ESA & ORS.

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BURAIMOH V. ESA & ORS.

CHIEF H. B. BURAIMOH

APPELLANT

V

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1. CHIEF MALIKI ADENIYI ESA

)

2.

CHIEF SALAMI AROJOJOYE ASANLU )

3.

CHIEF YESUFU OGUNGBESAN ESQ )

4.

CHIEF SANNI ABIDOLU OSOLO



)

5.

CHIEF JACOB BALOGUN ELEMOSHO)



RESPONDENTS

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6. MR. PETER AKADI

)

7.

OBA SALIU D. ALEBIOSU II



)

8.

IFELODUN LOCAL GOVERNMENT

)

9.

PERMANENT SECRETARY MINISTRY )

OF LOCAL GOVERNMENT

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SUIT NO. SC.1

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/

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987

SUPREME COURT OF NIGERIA

OBASEKI,

Ag. C.J.N.

ESO,

J.S.C.

KAWU,

J.S.C.

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BELGORE,

J.S.C.

NNAEMEKA-AGU, J.S.C.

6th April, 1990.

Chieftaincy - Rotation of Obaship - Agreement executed - Flow interpreted

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Interpretation and Construction - Rides of construction -Need to give words their ordinary

grammatical meaning.

Practice and Procedure - Appeals - Concurrent findings - Attitude of Supreme Court

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pleadings - Parties are bound by them - Evidence on mattei:v not pleaded- How regarded.

Words and Phrases - 'Rotate' - Meaning of

ISSUES:

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1. What is the attitude of the Supreme Court to concurrent findings of fact by two

lower courts?

2.

Under the Idera Chieftaincy Custom?

3.

How may evidence adduced in respect of a matter not pleaded be treated?

FACTS:

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The plaintiff sued the defendants jointly and or severally in the Ilorin High Court

seeking for:

(i)

A declaration that he is the rightful Oba of Idera having been so appointed in

October, 1979 by the Jaduala Ruling House whose turn it was to appoint a

successor to the late Oba Noah Oloruntoba (from Oyan/Olupo ruling House)

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who died in September 1979, sequel to the agreement made on the 28th July,

1962 by members of Idera Community that the Obaship of Idera should be

rotated among named groups of families;

(ii)

A declaration that 1st to 5th defendants/respondents who are the Idera

Kingmakers cannot install the 6th defendant who is a member of Ikota Ruling

House as the Oba of Idera as now being threatened as doing so will be in

breach of the aforesaid agreement;