Ondo State High Court 1, Okitipupa Division has adjourned till October 4th ,2017 hearing in the case between The Regent of Ode-Erinje, Chief Emmanuel Adekoyi (Samlex) and Prince Omosule Akindele, an interested party to the Regency stool of Ode Erinje kingdom in Ondo southern senatorial district.
Omosuyi Akindele is contesting The Regency, which according to him, he is a more qualified candidate for. He therefore wants the court to rule that the defendant is parading himself against the wishes of the majority of the stakeholders of The Olekoyun quarters (the ruling house) in Ode – Erinje.
However, The Defendant and Regent of Ode Erinje, Emmanuel Adekoyi has already been recognized by the state Government after a Regency appointment committee selected by the town had already sent his name to the state government for approval.
The plaintiff is alleging that the recognition of defendant as the Regent of Erinje was contrary to the decision of the ruling family.
At the hearing, the second defendant filed a counter affidavit that was deemed out of time. A motion supported by an affidavit for an application for extension out of time was argued.
The Judge struck out an application filed by the plaintiff’s counsel urging the court to set aside the originating process served on them. The counsel had brought a motion that the originating motion be set aside because the person to be served was not personally served, rather it was his servant that was served and that was improper service.
The Judge noted that counsel should not rely on technicality since the service eventually was acknowledged by the party it was meant for.
The motion having been withdrawn by the counsel was struck out by the Presiding Judge.