Alhaji Jimoh Arowolo V. Jimoh Oluwole Akapo & Ors (2002)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

The plaintiff commenced this action by an ex-parte motion at the High Court of Ogun State Ota Judicial Division holden at Ota High Court wherein he sought and was granted leave to file the suit in a representative capacity for and on behalf of Adegun Atole Family against the 1st, 2nd and 3rd defendants. Consequential to the grant of the prayer to sue in a representative capacity, the plaintiff issued the writ for and on behalf of Adogun Atele Family against the 1st, 2nd and 3rd defendants who were served individually and personally. After services, the plaintiff and defendants exchanged pleadings which were delivered and amended. At the conclusion of trial pleadings were based on the amended statement of claim, 2nd further amended statement of defence for the 1st defendant and amended statement of the 3rd defendant. All the amended pleadings are referred to in this judgment as statement of claim. The statement of defences for the 1st, 2nd and 3rd defendants.

Adopting the rule in Lahan v. Lajoyetan (1972) 6 SC 190, (1972) 1 All NLR (Pt. 2) page 217, followed and adopted in Adebayo v. O.A. U.T.H.B. (2000) 9 NWLR (Pt. 673) 585 CA. Fasanya v. Adekoya (2000) 15 NWLR (Pt. 689) 22 CA, Oyewole v. Lasisi (2000) 14 NWLR (Pt. 687) 342 CA, A.-G., Edo State v. Jessica Trading Co. Ltd. (1999) 5 NWLR (Pt. 604) 500 CA, Ndigwe v.Nwude (1999) 11 NWLR (Pt. 626) 314 SC, Guda v. Kitta (1999) 12 NWLR (Pt. 629) 21 CA, Ecobank (Nig.) Plc. v. Gateway Hotels (Nig.) Ltd. (1999) 11 NWLR (Pt. 627) 397 CA, Onyero v. Nwadike (1996) 9 NWLR (Pt. 471) page 231 CA, J. Durojaiye Adetoro & 2 Ors. v. Ogo Oluwa Kitan Trading Co. Ltd. & Anor. (2002) 9 NWLR (Pt. 771) 157 CA, (2002) 9 WRN 149 CA, Nigeria Breweries Plc. v. Adetoun Oladeji (Nig.) Ltd. (2002) 15 NWLR (Pt. 791) 589, (2002) 18 WRN 87 CA, that the particulars of claims set out in the statement of claim supersede the particulars of claims in the writ of summons and must itself disclose a good cause of action. Therefore, the claims of the plaintiff are as averred in the concluding paragraph of the statement of claim with paragraph 43 as follows:-

“whereupon the plaintiff claims as per writ of summons.”

The claims of the plaintiff as endorsed in the writ of summons are set out in the judgment of the learned trial Judge at page 61 of the record of appeal as under:-

“a. DECLARATION that under the hereditary customs and traditions of Itele town in Ota, Ogun State, only the Adogun-Atele family comprising four ruling houses namely:- Imidawo ruling house, Ogunrombi ruling house, Osa ruling and Alagbeji Ruling House is eligible to hold the chieftaincy title of Oba of Itele first held by the plaintiff’s ancestor i.e. Adogun-Atele the founder of the town and which title is now classified as part II title under the Chief’s Law of Ogun State, 1978.

b. DECLARATION that the 1st defendant not being a descendant of Adogun-Atele within any of the four ruling houses is ineligible to hold the title of Oba of Itele.

bb. DECLARATION that Ado Odo/Ota Local Government was designated by an order to be the competent council for the Oba of Itele chieftaincy title and all acts of the council pertaining to the appointment without registered declaration and installation of the 1st defendant as Oba of Itele were illegal, null and void.

c. DECLARATION that the letter CHM.2/27/172 of 25th March, 1992 addressed to the Chairman of Ado-Odo/Ota Local Government by the 2nd defendant to process appointment papers in the Oba of Itele title and all steps taken pursuant thereto including selection, appointment, approval of appointment and installation of 1st defendant as Oba of Itele were illegal, null and void under sections 3, 4, 5, 6, 7 and 8 of the Chief’s Law Cap. 20, Laws of Ogun State, 1978 and have violated the customary hereditary rights of over one hundred years of the plaintiff’s family.

d. ORDER that the installation of the 1st defendant as the Oba of Itele carried out by the 2nd defendant on 29th August, 1992, the next day that previous suit No. HCT/25/92 was struck out, without a valid selection, appointment and approval and without holding the customary three months Ipebi ceremony was illegal, null and void.

e. INJUNCTION restraining the 1st defendant from occupying the stool of Oba of Itele and from exercising the powers or performing the duties attached to the chieftaincy title of Oba of Itele.

To support plaintiff’s case he pleaded and averred in some paragraphs of the statement of claim at pages 4 to 9 of the records of appeal as follows:-

1. The plaintiff is a farmer and lives at Aiyetoro, Itele, Ado-Odo/Ota Local Government, Ogun State.
2. The plaintiff is a descendant of Adogun-Atele the founder and first Oba of the Itele Town in Ota, Ogun

State.

3. The plaintiff has been authorised to bring this action to ensure that the hereditary rights of descendants of Adogun-Atele to the title of Oba of Itele are preserved and to stop the further violations of those rights. The minutes of the meeting of Adogun-Atele family o.f29th August, 1992 will be tendered.
4. Itele town is about six kilometres to Ota and was founded by Adogun-Atele some 300 years ago. He as

a hunter and blacksmith who came from Benin to found the town where he became the first Oba.