Chief Joseph Olagunju Olaniyan & Anor. V. Oba Gabriel Oyekanmi Adeniyi & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment delivered by Falade, J while sitting at the High Court of Justice, Ilesa in Osun State of Nigeria on 4th July, 1995.

The 1st Respondent herein, as plaintiff at the lower court filed his suit against the 2nd Respondent and the appellants as defendants thereat. The claims of the 1st respondent as plaintiff can be found in paragraph 35 of the statement of claim. At page 6 of the transcript record of appeal, the said claims read as follows:

“35. Whereas the plaintiff claims:

(i) DECLARATION that Ase and Ipetu-Ile (Both in Obokun Local Government) are two distinct (sic) distinct communities from time immemorial and that Alase is the paramount Chief of Ase and not a quarter chief of Ipetu-Ile.

(ii) INJUNCTION restraining the Osun State Government from acting on Letter No. CB.141/125/1/VOL.1/256 of June 1991 copied the plaintiff by which letter the plaintiff is being regarded as a section chief of Ipetu-Ile and also from deposing the plaintiff OR doing anything to reduce the status of the plaintiff to a quarter chief of Ipetu-Ile where the 2nd and 3rd defendants are chiefs.”

The appellants herein, as defendants/counter-claimants at the lower court, counter-claimed against the plaintiff thereat and Respondent herein as discernible in paragraph 51 of the amended counter-claim, thus:

“51. WHEREOF the 2nd and 3rd defendants counter-claim against the plaintiff as follows:

(1) A declaration that the plaintiff’s correct title is ‘Lomo-ase of Ipetu-Ile’ and not ‘Alase of Ase’ under the applicable customary law and usage.

(2) A declaration that the alteration of the title of ‘Lomo-Ase of Ipetu-Ile’ to ‘Alase of Ase’ was contrary to the applicable customary law and usage and the registered declaration of the Apetu chieftaincy of 1960 and therefore erroneous, ultra void, illegal, null and void.

(3) A declaration that the plaintiff is not a traditional ruler or Loja in Ipetu-lle but a quarter chief in Ipetu-lle and as such has no right to parade himself as an Oba or Loja in Ipetu-lle.

(4) A declaration that the Ase community of the plaintiff were (sic) presently settled on land within the territory of the Apetu of lpetu-Ile and as such has no separate or independent territory of its own where he could proclaim himself as an Oba.

(5) A declaration that the claim of the plaintiff as a traditional Oba, the Alase of Ase, is contrary to the customary law and tradition of the people and is, therefore, null and void.

(6) Injunction restraining the plaintiff from parading himself as a traditional Oba and Alase of Ase.