Oba Jacob Oyerogba V. Chief Lamidi Akinyemi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. HER/4/2003 delivered on the 30th of July, 2003 wherein a Notice of Preliminary Objection to the Jurisdiction of the Court filed by the Appellant (1st Defendant/Applicant at the trial Court) was struck out.

The action was commenced by the 1st and 2nd Respondents who were the Plaintiffs at the lower Court in a representative capacity by a Writ of Summons filed on the 19th of March, 2003 claiming the following reliefs:-

i. A DECLARATION that Igboora is a Federation governed by peculiar Chieftaincy installation of 5 (Five) Baales.

ii. A DECLARATION that the 1st defendant is the Baale of co-ordinate jurisdiction, power and influence like all the plaintiffs within Igboora federation.

iii. A DECLARATION that historically the 1st Defendant has never, either through his family lineage, enjoyed Obaship privileges or influence within Igbora federation.

iv. A DECLARATION that the title of Obaship is alien to Igboora federation.

v. A PERPETUAL INJUNCTION restraining the 2nd and 3rd

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Defendants, their agents, servants and/or privies from installing the 1st defendant as Oba in Igboora or recognizing, installing or conferring any such title whatsoever on the 1st defendant within Igboora federation.

vi. A PERPETUAL INJUNCTION restraining the 1st defendant from parading himself as an Oba or paramount ruler in any manner whatsoever within Igboora federation.

At pages 1 -2 of the record of appeal, Appellant (1st Defendant) on the 7th of May, 2003 filed a notice of Preliminary Objection to the jurisdiction of the Court on the ground that the action is not properly constituted and cannot be entertained by the Court. The particulars are stated hereunder:-

PARTICULARS:-

(1) The proper parties are not before the Court.