Alhaji Rasheed Gbede & Ors. V. Alhaji Rasheed Ramoni & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ogun State, Ijebu-Ode Judicial Division (hereinafter referred to as the lower court) delivered on 4/3/05.

By a writ of summons dated 6/10/03 the 1st respondent herein, as plaintiff sought the following reliefs from the lower court:

(a) A declaration that the 1st defendant is not entitled to be installed as or parade himself as the Oloritun of Idewon II, Ijebu-Ode having not been so elected.

(b) A declaration that the 1st plaintiff is the duly elected Oloritun of Idewon II, Ijebu- Ode, and should be so recognised and installed.

(c) An order of injunction restraining the 1st defendant from parading himself as Oloritun of Idewon II Community, Ijebu-Ode.

(d) An order of injunction restraining the 2nd, 3rd, 4th, 5th and 6th defendants from recognising, parading and/or installing the 1st defendant as the Oloritun of Idewon II Community, Ijebu-Ode.

(e) A declaration that the 2nd, 3rd, 4th, 5th and 6th defendants cannot act as a body, jointly or severally impose a candidate on any Quarter (Itun) as the Oloritun.

The parties filed and exchanged pleadings and the matter proceeded to trial. The plaintiffs (respondents herein) called four witnesses. The defendants (appellants herein) called two witnesses. On 22/2/05, learned counsel for the defendants wrote to the court to request an adjournment on grounds of ill health. The application was refused, the case for the defence was closed and learned counsel for the plaintiffs was called upon to address the court. Thereafter the matter was reserved for judgment. On 4/3/05 judgment was entered in favour of the plaintiffs granting all their claims.

The appellants were dissatisfied with the judgment and filed a notice of appeal dated 8/3/05 containing three grounds of appeal. The parties herein, in compliance with the rules of this court filed and exchanged their respective briefs of argument. At the hearing of the appeal on 19/10/2010 Olayinka Bolanle Esq. adopted and relied on the appellant’s brief dated and filed on 10/10/05. In adumbration of his brief he submitted that the critical aspect of the appeal is as regards the denial of fair hearing as reflected at page 64 lines 5 – 12 of the record. In support of the submissions in respect of issue 2 at paragraph 5.2 of his brief, he cited an additional authority:

Thomas Olumesan Vs Ayodele Ogundepo (1996) 2 SCNJ 172 @ 186 – 187 per Iguh, JSC. He urged the court to allow the appeal and remit the case back to the trial court for retrial before another Judge. Chief Biyi Odugbesan adopted and relied on the respondents brief dated 24/11/06 and filed on 27/11/06. It was deemed properly filed by an order of court dated 4/7/07. He urged the court to dismiss the appeal.

The appellant formulated 2 issues for determination as follows:

1. Whether having regard to the state of the pleadings and the judgment of the lower court, the trial Judge’s judgment could be sustained in law in view of the apparent breach of the appellants’ right to fair hearing.

Or

Whether the case was heard and decided on merit and the rule of fair hearing was adhered to when the appellants’ effort to present a full and proper defence was scuttled by the lower court. (Grounds 1 & 2)