Alh. Hanafi Zubair V. Alh. Abdullahi Atanda Kolawole (2019)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

By a writ of summons filed on 5th April, 1991, the original plaintiff, Alhaji Aileru Jubril (Baale of Ganmo), suing for himself and the family of Baale Sunmonu Okunoye, instituted an action against the respondent in this appeal, Alhaji Abdullahi Atanda Kolawole and Oba Saliu Alebiosu (Olupo of Ajasse – Ipo) as defendants seeking declaratory and injunctive reliefs relating to the Baaleship of Ganmo, a town within Ifelodun Local Government Area of Kwara State.

The original plaintiff died and was substituted by Salami Adisa Olori. By his further Amended Statement of Claim No. 2 filed on 8th May 2005, he sought the following reliefs:

I. That under native law and custom of Ganmo, the position of or the right to become Bale of Ganmo, is the exclusive preserve or right of the plaintiff’s family who are the direct male descendants of the first Bale of Gamo, Bale Sunmonu Okunoye.

ii. That there is no other family other than that of the plaintiff who are entitled to contest for and occupy the stool of Bale of Ganmo under the native law and custom.

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iii. That the children, descendant or blood relation of the defendant are not entitled to become the Bale of Ganmo under the native law and custom of Ganmo, they, not being in any way related to the first Bale of Ganmo.

iv. A declaration that the Defendants alleged letter of appointment dated 17th October, 1990 is Illegal, inconsistent with history and official records of the head of Ganmo Community therefore, irregular improper and a nullity.

v. An order setting aside the purported appointment by the Ifelodun Local Government Council of the Defendant as Baale of Ganmo.

vi. An order directing the defendants to cease from interfering with or continue to desecrate the native law and custom of Ganmo as declared by the Court and forthwith cease from parading, presenting, calling or introducing himself to any person or authority as the Bale of Ganmo in Ifelodun Local Government Kwara State.

The defendant joined issues with the plaintiff by his Further Amended Statement of Defence wherein he contended, inter alla, that in fact it was his own great grandfather, named Ganna-Nganku who founded Ganmo and that it is the male line of his own family

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that produces the Baale. The plaintiff filed a reply thereto. The matter proceeded to trial. Both sides called witnesses and tendered documents. At the conclusion of the trial and after considering the written addresses of learned counsel, judgment was entered in favour of the plaintiff in the following terms:

“Having considered the evidence adduced by the Plaintiff along with the defendant as well as all the documents admitted by the Court for both parties, I hold that I prefer the evidence of the Plaintiff to that of the defendant. The Plaintiff’s evidence was not controverted while the documents tendered fully support the case for the plaintiff I therefore hold that the Plaintiff’s evidence on the traditional history of the founding of Ganmo is preferred to the evidence of the defendant which in my opinion was merely “made up stories.” I hold the Plaintiff as the rightful person entitled to be called and established as the Baale of Ganmo. I hereby make an order directing the defendant to cease from interfering or continue to describe or parading himself or calling or introducing himself to any person or authority as the Baale of Ganmo in Ifelodun Local