Chief Saliu Agara & Ors. V. Chief Yinusa Agunbiade & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, JCA, (Delivering the Leading Judgment)

The present appeal is against the judgment of the Lagos State High Court, Ikeja Judicial Division which was delivered on January 26, 2009 by the Hon. Justice H.A.O. Abiru. By the said judgment, the lower court granted all the reliefs sought by the Respondents in Suit No. IKD/73/05, and accordingly dismissed the Appellants’ counter-claim in the entirety thereof.

FACTS AND CIRCUMSTANCES LEADING TO THE APPEAL:

On November 18, 2005 the Respondents filed both a writ of summons (registered as Suit No. IK/73/05) and a statement of claim in the court below seeking various reliefs against the Appellants. By the statement of claim thereof, the relief sought by the Respondents’ against the Appellants are to the following effects:

(o) A decoration that the installation of the 2nd Defendant as the Head of Olofin Chieftaincy family, by the 1st Defendant, with the connivance of the 3rd, 4th, 5th and 6th Defendants is null and void and of no effect whatsoever’

(b) A declaration that the Claimant is the bona fide and incumbent Head of Olofin Chieftaincy family of Ofin-Ile who is entitled to exercise all rights and privileges attached to the position of Head of Otofin Chieftaincy Family of Ofin Ile via Igbogbo, in Ikorodu Local Government of Lagos State.

(c ) An order of perpetual injunction restraining the 2nd Defendants from all rights and privileges of Head of family and/or presenting and parading himself as Head of Olofin Chieftaincy Family of Ofin Ile.

(d) An order of perpetual injunction restraining and Defendants from their agent, servant or whosoever persons, appointed by the Defendants from collecting any money, on behalf of the Olofin Chieftaincy Family, from anyone, either constructing any structure of laying foundation, or roofing any house or for whatever purpose, on any portion of the Olofin Chieftaincy Family land of Ofin-Ile via lgbogbo in Ikorodu Local Government Council of Lagos State.

Parties filed and served their respective pleadings. Eventually, the case proceeded to trial. At the conclusion of which, the lower court delivered the Judgment in question to the effect, inter alia, thus:

(i) It is hereby declared that the appointment and the installation of the second Defendant as the Head of the Olofin Chieftaincy Family by the first Defendant with the connivance of the third to the sixth Defendants is null and void and of no effect whatsoever.

(ii) It is hereby declared that the first Claimant is the bona fide and incumbent head of the Olofin Chieftaincy Family of Ofin-Ile and the person entitled to exercise all rights and privileges attached to the position of head of Olofin Chieftaincy Family of Ofin-Ile via Igbogbo in Ikorodu Local Government of Lagos State.

(iii) An order of injunction is hereby made restraining the second Defendant from all rights and privileges of head and/or presenting and parading himself as head of Olofin Chieftaincy Family of Ofin-Ile.

(iv) An order of injunction is also hereby made restraining the Defendants, their agents, servants or whatsoever persons appointed by the Defendants from Family from anyone either constructing any structure or laying foundation or roofing any house for whatsoever purpose on any portion of the Olofin Chieftaincy Family land at Ofin-Ile via Igbogbo in Ikorodu Local Government Council of Lagos State.

(v) The counterclaim of the Defendants fails in its entirety and it is hereby dismissed.