Mr. Abdulganiyu Adeniran & Anor V Hrh Oba Abdulganiyu Ajibola Ibrahim & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This Motion on Notice was brought pursuant to Order 2, Rule 29 of the Supreme Court Rules and the inherent jurisdiction of the Court.

The 1st respondent/applicant, HRH Oba Abdulganiyu Ajibola Ibrahim Olusookun II, Elerin of Erin-Ile prays for the following reliefs: –

1. An order striking out the appeal for failure to comply with the mandatory provisions of Order 2, Rule 8 and Order 8, Rule 2 of the Supreme Court Rules.
2. An order striking out the appeal for incompetence as the necessary and mandatory party i.e. the incumbent Olofa of Offa who ought to be a party is not before this Court.
3. An order dismissing the suit before the trial Court for the Court’s lack of jurisdiction to entertain same.
4. And for such further or other order(s) as the Honourable Court might deem fit to make in the circumstances of this case.

GROUNDS FOR THE OBJECTION:

i. The title of the appeal as filed does not reflect the same title as that which obtained before the trial Court, as required by Order 2, Rule 8 of the Supreme Court Rules.

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The Notice of Appeal was not endorsed with the names and addresses of, nor served on all interested parties as required by Order 8, Rule 2 of the Supreme Court Rules.

iii. This honorable Courts judgment in CHIEF ADEMOLA OGUNNIYI & AMUSA OKENIYI ALAWODE v DR FUNSHO ADARAMOLA & SUNMONU AROYEHUN (SC/171/73) of 10/12/1973 Concerned the boundary between Erin-Ile and Offa Communities, represented by their various community leaders.

iv. The suit before the trial Court leading to this appeal was brought by the Olofa of Offa against the Elerin of Erin-Ile, contesting the same boundary issue decided by this honourable Court in 1973.

v. His Majesty M. O. Olanipekun, Ariwajoye II, the Olofa of Offa who represented the Offa Community before the trial Court was also an appellant before the lower Court having lost at the trial Court, but died in the course of the appeal.

vi. The present appellants/respondents applied to the lower Court and got an order striking out the name of His Majesty Oba M. O. Olanipekun, Ariwajoye II, on account of his demise.

vii. The vacancy thus created in the stool of the Olofa

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of Offa was later filled by the appointment of His Royal Highness Alhaji Mufutau Gbadamosi, Esuwoye II, but no attempt was made by the appellants/respondents to join him as a party to the appeal before the lower Court to represent the interest of Offa Community.