Alhaji Mustapha Durojaiye Ajisegiri & Ors V. Oba Bashiru Saliu Salami & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling delivered by the High Court of Lagos State, Ikeja, Per Onigbanjo J., delivered on 27th March, 2013 on the preliminary objection filed by the Respondent thereby dismissing the suit as instituted by the Appellant on ground of estoppel. The Appellants had sought for the following reliefs:

(a) A DECLARATION that the Claimants families consisting of Bani and Kamado Oworonsoki are the ones entitled to be recognised, and to produce an Oba or a Traditional Ruler for Oworonsoki Town in the Kosofe Local Government Area of Lagos State.

(b) A DECLARATION that the 1st Defendant is not entitled, to be nominated, selected, or appointed, as the OBA of Oworonsoki in the Kosofe Local Government Area of Lagos State, therefore his appointment as the Oba of Oworonsoki by the 2nd to the 5th Defendants herein is wrongful, null and void; therefore it should be set aside.

(c) AN ORDER of this Honourable Court, setting aside any or the purported CHIEFTAINCY DECLARATION made under Customary Law Regulating the selection of OBA OF OWORONSOKI

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CHIEFTAINCY TITLE in the KOSOFE LOCAL GOVERNMENT Area of Lagos State, being contrary to and a violation of the Customary Law of Oworonsoki, Kosofe and Lagos State in particular.

(d) AN ORDER of this Honourable Court directing the Lagos State Executive Council and/or the Kosofe Local Government to make a new Chieftaincy Declaration for the Obaship title of Oworonsoki that would take cognizance of the rights and interests of the Claimants family.

IN THE ALTERNATIVE:

A DECLARATION that the OWORONSOKI FAMILY of Oworonsoki Town, in the Kosofe Local Government Area of Lagos State, consisting of (i) Bani Oworonsoki; and (ii) Kamado Oworonsoki stocks are entitled to be made and recognised as

(i) Bani Ruling House; and

(ii) Kamado Ruling House, in respect of the OBASHIP TITLE of Oworonsoki, in addition to the existing Ruling House(s) made under Customary Law of Oworonsoki governing nomination, selection, appointment to the Stool of Oba of Oworonsoki in the Kosofe Local Government, aforesaid.

The suit was commenced by the Appellants via a Writ of Summons and Statement of Claim dated 16th, of November 2012. Upon filing and exchanging

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