Esina V. Prince (Dr.) Francis Kehinde Odusote & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The appeal in this proceedings arose from a ruling given by Hon. Justice Catherine Ogunsanya at the Ogun State High Court on July 16th, 2009 dismissing an application by the appellant challenging the locus standi of the 1st respondent who as plaintiff in HCJ/43/07 had sued the appellant and others claiming by his amended statement of claim as follows:-

1. A declaration that the plaintiff is a prominent member of

Sikunoye (Adefeya) Branch of Esega Ruling House of

Owu- Ijebu and according to native law, custom and

tradition of Owu-Ijebu is eligible to contest for the Olowu

of Owu-Ijebu stool.

2. An order that the judgment delivered by the Honourable

Justice T. Ibikunle Adesalu on 8th March, 2005 operates

as an estoppels per rem judicatam having not been

appealed against, the re-appointment of the 7th- 13th

defendants is wrongful, illegal, against the native law,

custom and tradition of Owu-Ijebu, unconstitutional null,

void and of no effect whatsoever.

3. A declaration that the subsequent meetings held by the

7th – 13th defendants as warrant kingmakers on

27/05/2006 and other meetings purportedly held to