Adedayo V Babalola (1995) Adedayo V Babalola (1995)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C. 

This is an appeal against the decision of the Court of Appeal, Kaduna Division on an interlocutory appeal from the ruling of Fabiyi, J. dated 24:3:88 refusing the application of the 1st to 6th defendants to dismiss the suit filed by the plaintiff in limine.

The plaintiff, Chief Gabriel Titiloye as head of Agbonbifa Ruling House instituted the action which led to the present proceedings for himself and as representing Agbonbifa Ruling House of Isale Esie.

In paragraph 38 of the amended statement of claim, the plaintiff sought the following reliefs:

“(1) A declaration that the Native Law and Custom relating to the selection of Elesie of Esie in force in Esie is as contained in records of the Government of Kwara State and Irepodun Local Government Council i.e.

(i) that Elesie of Esie is selectable only from Esie Ruling House.

(ii) Succession in rotation or alternative of the two Ruling Houses shall be in the following order: Ita-Ajado Ruling House in Oke-Esie and Agbonbifa Ruling House in Isale Esie.

(2) A declaration that the purported nomination, installation, designation and parading of the 1st defendant as Elesie of Esie by the 2nd – 6th defendants was and is not in accordance with the Native Law and Custom of Esie, irregular, in violation of the Kwara State Chief (sic) Edict, null and void and of no effect.

(i) ……………………………..

(ii) ……………………………..

(3) (i)…………………………..

(ii) ……………………………..

(iii) …………………………….

The 1st to 6th defendants filed a motion on notice for an order dismissing the suit in limine as it constituted an abuse of court process in that the issue to be determined had already been decided in an earlier suit, namely, Suit No. KWS/OM/5/86: Chief G.A. Titiloye & 4 ors. v. Chief J. Omoniyi Olupo & 4ors.