Chief James Okangi & Anor V. Mr. Bayo Fatoba Of Ilaso Street Ara-ekiti & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the ruling of Ekiti State High court delivered by Hon. Justice M.A. Agbelusi on the 25th November, 2008, whereby the Court entered judgment in favour of the Respondents against the Appellants upholding the objection of the Respondents.

By a writ of Summons dated the 22nd August, 2008, the Appellants as Plaintiffs at the lower court, instituted this action against the Respondents and claimed various declaratory and injunctive reliefs against the Respondents jointly and severally as contained in paragraph 39 of their Statement of claim as follows:-

(a) A Declaration that the plaintiffs as members of the Okangi family, Ara-Ekiti belong to the Adetibe Ruling House to the Alara of Ara-Ekiti who have the exclusive right to produce Alara of Ara.

(b) A Declaration that the first Defendant is a member of Ilaso family of Ara-Ekiti which family has no claim to the title of Alara of Ara as they are entitled only to Alasunka Chieftaincy title of Ara-Ekiti.

(c) A declaration that the registered declaration of Alara of Ara-Ekiti Chieftaincy registered on 1st November, 2004 is defective and inexhaustive of the custom and tradition of Ara-Ekiti and made without hearing the Plaintiffs family and therefore null and void.

(d) A declaration that the purported appointment and approval of the candidature of the first defendant as Alara by the second to fourth defendant is contrary to the custom and tradition of Ara- Ekiti and such invalid, null and void and of no effect whatsoever.

(e) An Order setting aside the purported appointment of the 1st defendant as the Alara of Ara-Ekiti (Elect).

(f) An Order of perpetual injunction restraining the first defendant from further presenting or parading himself or holding out himself or allow himself to he held out as the Alara of Ara-Ekiti and from exercising any right or performing any function ascribed to Alara.

(g) An injunctive order restraining the first Defendant and all other members of his family from styling, calling or parading themselves as members of the Adetiba Ruling House of Ara-Ekiti and from claiming entitlement to the title of Alara of Ara-Ekiti.

(h) An Injunctive order restraining the second, third and the fourth Defendants, their agents, servants, and privies from having anything whatsoever to do with the first Defendant as well as his family as regards choosing, appointing or installing of a new Alara of Ara-Ekiti

The Appellants on the 25th August, 2008 filed two applications before the court. A motion exparte praying for the following order: –

Interim injunction restraining the defendants, their agents, servants, privies or howsoever called from taking any step to install or give any instrument or staff of office and or give any recognition to the first defendant as Alara of Ara-Ekiti pending the interlocutory injunction pending before this Honourable Court.

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