Kehinde Adenibi & Anor. V. Adedibu Laojo & Ors (1997)

LawGlobal-Hub Lead Judgment Report

OKUNOLA, J.C.A. 

This is an appeal against the judgment of the Oyo State High Court holden at Oyo presided over by Okeyode-Adesina J. delivered on 9/7/90 in Suit No. HOY/19/89.

The facts of this case briefly put were as follows:-

The appellants herein as plaintiffs sued the respondents herein as defendants claiming the following reliefs:

i. Declaration that under the Oyo Native Law and Custom, the plaintiffs are direct descendants of Kelebede-Ajele of Elepe Oke Compound, Iseke, Oyo.

ii. Declaration that under the Oyo Native Law and Custom the defendants are direct descendants of one Onifade of Ilogbo Compound, Akeetan, Oyo.

iii. Declaration that, prior to the promulgation of the Land Use Decree 1978, the plaintiffs as the direct descendants of Kelebeda-Ajele are under the Oyo Native Law and Custom, the rightful persons who are entitled to inherit land and property including the family compound/Kaa built by Kelebeda-Ajele (the family ancestor) at Kelebeda-Ajele Oke compound (now known and called Elepe Oke Compound) Iseke, Oyo.

iv. Perpetual injunction restraining the defendants from parading and/or behaving (sic) themselves as direct children and/or descendants of Kelebeda-Ajele Oke Compound/Kaa (now known and called Elepe Oke Compound) Iseke, Oyo.

v. Declaration that after the promulgation of the Land Use Decree, 1978, the plaintiffs are the rightful persons who are entitled to the statutory right of occupancy to all and singular the Land/Family Compound/Kaa built by Kelebeda Ajele at the Kelebeda Ajele Oke Compound (now known and called Elepe Oke Compound, Iseke, Oyo).

vi. Declaration that the Plaintiff and/or the 1st plaintiff are the rightful persons who are entitled to the statutory right of occupancy to a piece or parcel of land situate, lying and being at Ilora junction, Oyo, shown on plan No. F12270/85 of 6/11/85 drawn by W.T. Adeniji & Co. Licensed Surveyors of Ibadan.

vii. Perpetual injunction restraining the defendants, their servants, agents and privies or anybody; claiming through them from further going on the said land or dealing in anyway detrimental to the interest of the plaintiffs.

viii. Declaration that the defendants are not entitled to participate on selection and/or appointment to the Elepe-Oke chieftaincy title of Iseke, Oyo in the order of rotation through the Adekanbi ruling house.

The plaintiffs’ (now appellants) case at the Lower Court was that a large compound, including the land in dispute was granted to their ancestor Kelebeda-Ajele by Alafin Atiba. Kelebade-Ajele had three wives Ikuola, daughter of Elepe of Ahoro Iseke, Adenike Odee and Awero Iya Olosun. Ikuola begat Adekanbi, Adewoyin and Falade for Kelebeda-Ajele, Adenike Odee begat Adenibi and Awero Iya Osun begat Adeitan Ajao. The plaintiffs are the descendants of Adenibi and Adeitan Ajao. The plaintiffs contended that the land in dispute and Kelebeda-Ajele Compound was granted to Kelebeda-Ajele by Alafin Atib. The name of the Compound was later changed to Elepe-Oke Compound when Adekanbi was installed as Elepe. It is not in dispute that it was through Ikuola that the Elepe chieftaincy title came to Kelebeda Ajele Compound.

The case of the defendants on the other hand was that Ikuola the daughter of Ladokun, Elepe Iseke had three children by Adeitan her husband namely Adekanbi, Adewoyin and Falade. Adeitan died at Ahoro Iseke before the present Oyo was founded. After the death of Adeitan, Ikuola got married to Atiba who brought both Ikuola and her three children from Aharo Iseke to Oyo and built a house at Elepe Oke at Iseke which is part of the land in dispute Adeitan also had another child by another wife Ogunyemi called Adepegba. Adekanbi was made Elepe and he had only one female child Adegbami who begat Laojo Tafa & Aina by her husband Onifade of Ilogbo Akeetan Compound Oyo. Ojo Tafa begat the 3rd and 4th defendants, Laojo begat the 1st and 2nd defendants while Aina begat the 5th defendant.