Alhaji Ibrahim Taiwo Ajomagberin & Ors V. Raheem Aregbe & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Honourable Justice (Mrs) D.F. Akinsanya delivered on the 12th of September 2003 sitting at the High Court No. 2 Lagos, in Suit No. LD/1228/2000. Pages 48 – 55 of the Record of Appeal.

By writ of Summons dated 20th of April 2000, and paragraph 7 of the Statement of Claim dated 10th April 2000, the Respondents, (as Plaintiffs in the lower Court) claimed the following reliefs viz:

“The nullification of the decision of the Defendants to reject the report of a fully conducted Tribunal by expanding the Two RULING HOUSES formed by it (DEYARI/OYEROKUN and KUEJI/ILUMO) to four RULING HOUSES OF DEYARI, KUEJI, KUMUYI AND ILUMO without calling any new evidence.”

And

N500,000.00 general damages for the Wrongful expansion of the same Ruling Houses. Pages 1 – 6 of the Record of Appeal.

Parties filed and exchanged their pleadings, and before the case could proceed to hearing, the Appellants brought a Motion on Notice filed on the 14th of March 2001, praying for the leave of Court to be joined. In response thereto 1st – 4th Respondents filed a Counter affidavit on 15th of March 2001 with four exhibits attached.

According to the Appellants, they did not know about the pending Suit but when they knew, they as APPLICANTS/INTERVENERS brought a motion on notice dated 12th of March 2001, but filed on the 14th of March 2001, praying Court for the following:

1. An order of LEAVE for Court permitting the Interveners/Applicants namely

IBRAHIM TAIWO AJOMAGBERIN ZAKARIYAH OYEROKUN OJORA MUSIBAU KOPADA.

to be JOINED and in a representative capacity for themselves and for and on behalf of the Deyari, Kueji and Kumuyi Ruling Houses of the Obanikoro Chieftaincy Family as the 3rd, 4th and 5th Defendants respectively in this Suit.

ii. An order consequent upon prayer (1) alone directing all processes issued in this Suit to be served on the Defendants sought to be joined.

iii. Such further or other orders as this Honourable Court may deem fit to make in the circumstances.

The application, and Counter affidavit in opposition thereto were filed. The Appellants/Interveners grouse was that they are blood members of Obanikoro Chieftaincy Family belonging to Kueji, Deyari and Kumuyi Ruling Houses respectively.

In 1978, Lagos State Government set up a Commission of Inquiry into Obanikoro Chieftaincy Declaration. At the hearing, fifteen (15) witnesses testified and forty nine (49) Exhibits were tendered.