Chief Ayoola Adeosun & Ors V. Oba Elijah Oladele Ayeni & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ASSOUD ABDULRAHAMN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the interlocutory ruling delivered on 20th October, 2009 by Hon. Justice C. I. Akintayo, J. of the Ekiti State High Court, Ijero-Ekiti Judicial Division, wherein the notice of preliminary objection dated 16th September, 2009 raised in limine by the appellants was dismissed.

The 1st – 4th respondents herein as plaintiffs at the trial court, had sought and obtained leave of the trial court on 21st July, 2009 to institute the instant action in a representative capacity for themselves and on behalf of the entire Ipoti-Ekiti Community, with the exception of the 1st – 12th defendants thereat, together with the 5th – 8th respondents herein. Pursuant thereto, the 1st – 4th respondents as plaintiffs filed both their writ of summons and statement of claim on 28th July, 2009.

The 1st respondent described himself in the said statement of claim, that he “is a Traditional Ruler” and “the incumbent Olupoti of Ipoti-Ekiti and the traditional Paramount Ruler of Ipoti-Ekiti.” The 2nd – 4th respondents are said to be members of Olupoti – in – Council and ranked 2nd, 3rd and 4th respectively to the 1st respondent. The dispute bordered on a large parcel of land and in respect of which the 1st – 4th respondents inter alia claimed declaratory, monetary and injunctive reliefs.

In paragraph 115 of the statement of claim, the reliefs sought therein by the 1st – 4th respondents against the appellants alongside other defendants, that is the 5th – 8th respondents herein are reproduced below:

“WHEREOF the Plaintiffs claim against the defendants jointly and severally following reliefs:-

(i) A DECLARATION that the large parcel of land (also known as “Olupoti Palace Compound”, “Afin Compound” or “Ile Owa”) lying, being and situate Along Ijero Road, Ipoti-Ekiti is a stool land which belongs to the Olupoti of Ipoti-Ekiti in his official capacity as the Olupoti for exclusive occupation, use and management of any reigning Olupoti of Ipoti of Ipoti-Ekiti who the holds same for his own benefit and that of the entire Ipoti-Ekiti Community;

(ii) A DECLARATION that the Olupoti of Ipoti-Ekiti, in his official capacity, is the only person entitled to the Statutory Right of Occupancy in respect of the said stool land.

(iii) A DECLARATION that none of the 1st and 8th Defendants is entitled to a Certificate of Statutory Right of Occupancy over the said Olupoti Stool Land.

(iv) The sum of N10,000,000 (Ten Million Naira) only being general damages for trespass committed and still being committed by the 1st to 12th defendants on the said Olupoti Stool land.

(v) An order compelling the 1st Defendant who is the leader of the so-called Ebi Omo Owa Amilede or Amilede Ruling House, to remove the sign-post which he and the Amilede faction have wrongfully and illegally erected on the Stool land.

(vi) An order of perpetual injunction restraining the 1st to 12th Defendants, their agents, servants, privies, delegates and/or otherwise however called or any person(s) taking order from or under them, from any farther acts of trespass and/or from further entry on the said stool land and/or from doing any adverse thing or act in respect of the said Olupoti stool land or any part thereof.

(vii) An order compelling the 2nd to 12th Defendants, their agents, servants, privies, delegates and/or otherwise howsoever called or any person(s) taking order from or under them to immediately vacate Buildings Nos. 1 to 9 and their appurtenances which they are respectively illegally occupying on the said Olupoti stool land.

(viii) An order of perpetual injunction restraining the 13th to 16th defendants, their agents, servants, privies, delegates and/or otherwise howsoever called particularly the 15th defendant from taking any steps whatsoever towards the issuance of Certificate of Occupancy to the 1st Defendant or any other person except the 1st Plaintiff in his official capacity in respect of the Olupoti Stool land situate at Aafin Compound, Along Ijero Road, Ipoti-Ekiti.