Aminu Oyejobi V. Baale Saka Okesola Okegbemi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Lead Ruling)

This ruling is in respect of a motion on notice filed on 15/6/2010 seeking the following orders from this court –

(a) Granting leave to substitute the applicant for Alfa Muritala Olukanye (deceased) for the purpose of filing an appeal against the ruling of the High Court of Oyo State Coram Hon. Justice R.B. Akintola of High Court Ibadan in Suit No.M/91/2007 (Alfa Muritala Olukanye v. Baale Saka Okesola Okegbemi) delivered on 21st November, 2008.

(b) Granting leave to the applicant to file an appeal against the ruling of the High Court of Oyo State Coram Hon. Justice R. B. Akintola of High Court Ibadan in suit No. M/91/2007 (Alfa Muritala Olukanye v. Baale Saka Okesola Okegbemi) delivered on 21st November, 2008 in representative capacity.

(c) Extending time within which the applicant is to file an appeal against the ruling of the High Court of Oyo State Coram Hon. Justice R. B. Akintola of High Court Ibadan in Suit No. M/91/2007 (Alfa Muritala Olukanye v. Baale Saka Okesola Okegbemi) delivered on 21st November, 2008 in representative capacity to wit, for himself and on behalf of Olukanye Family in terms of the proposed Notice of Appeal hereto attached as Exhibit D.

(d) Extending time within which to apply for an order of injunction restraining the respondent by himself or through his agents and or assigns from taking any step towards enforcing the ruling of Hon. Justice R. B. Akintola in suit No. M/91/2007 Alfa Muritala Olukanye v. Baale Saka Okesola Okegbemi delivered on 21st November, 2008 pending the hearing and determination of the appeal to be filed before this honourable court.

(e) An order of injunction restraining the respondent by himself or through his agents and or assigns from taking any steps towards enforcing the ruling of Hon. Justice R. B. Akintola in Suit No. M/91/2007 (Alfa Muritala Olukanye v. Baale Saka Okesola Okegbemi) delivered on 21st November, 2008 pending the hearing and determination of the appeal to be filed before this honourable court.

(f) And for such further order or other orders as this honourable court may deem fit to make in the circumstances.

The grounds on which the above prayers were predicated were:

(i) That One-Ara Grade “C” Customary Court delivered judgment in suit No. 9/2005 on 12th February, 2007 against Alfa Muritala Olukanye as representative of Olukanye Family wherein he filed an appeal to High Court Ibadan on 23/2/2007.

(ii) That Grade “C” Customary Court dismissed his application for injunction on 2/3/07 where upon he filed another application for injunction before the High Court of Oyo State which application was equally dismissed on 21/11/08 Coram Hon. Justice R. B. Akintola of High Court 13 Ibadan.

(iii) That he (Alfa Muritala Olukanye) further filed a fresh application inter alia for injunction before this Honourable Court in Appeal No. CA/I/M8/09 on 19th January, 2009 Pending the hearing and determination of the appeal before High Court, Ibadan.

(iv) That the application before this court was dismissed on 27th May, 2009 on the ground that there was no pending appeal before this Honourable Court.

(v) That the said Muritala Olukanye died on the 5th of January, 2010 hence the need to withdraw his application in this court in Appeal No. CA/I/M.176/2009 on 18th day of February, 2010.