Irepodun-ifelodun Local Government V. Chief Simeon Ogundahunsi Balemo & Ors. (2007)

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HON. JUSTICE IGNATIUS IGWE AGUBE, J.C.A.

This is an appeal against the Interlocutory Ruling of J. B. K. Aladejana J. of the Ado-Ekiti High Court, delivered on the 22nd day of June, 2000 whereby he granted the 1st and 2nd Plaintiffs/Respondents’ application for Amendment of their Statement of Claim. The facts as can be gleaned from the Records are that on the 29th of October, 1991 the High Court Holden at the Ado Ekiti Judicial Division and claimed against the 1st Defendant (Rowland Olaiya Olowokere) as follows:-

“(1) Declaration that the first plaintiff as Chief Balemo is the traditional headchief or “Baale” of Araromi Obo Village, Via Ado Ekiti and NOT the Defendant as Chief Odolofin

“(2). Declaration that the Ancient Ora Village which is now part of Ado-Ekiti was the original home of Araromi Obo Community Via Ado Ekiti and the Community hails from that Village in Ado Local Government.

“(3). An Order of perpetual injunction restraining the defendant from acting as or doing anything whatsoever as the Chief of Araromi Obo Village or parading himself as such.”

Subsequently, the 3rd plaintiff and the 2nd and 3rd Defendants were joined as parties by series of Applications. Amendments were also made to the pleadings of the parties culminating in the plaintiffs/Respondents motion dated the 8th day of May, 2000 and filed on the 15th of May, 2000 seeking leave of the Trial Court for a further amendment of their Statement of Claim as contained in the Schedule of Amendments annexed as Exhibit A to the motion paper.

The Schedule of Amendment states thus:-

“A. To add to the statement of Claim as paragraphs 36(a) the followings:-

“36(a). After this case was filed in court the second and 3rd Defendants unlawfully appointed, approved and installed the first Defendant/Respondent as the Odolofin and Traditional head of Araromi Obo in Irepodun/Ifelodun Local Government and have been paying him a stipend as such.”

“B. To add sub paragraphs (4) and (5) to paragraphs 43 as follows: –

(4) Declaration that the 2nd and third Defendant’s purported appointment, approval and installation of the first defendant as the Odolofin of Araromi Obo while this action was pending in court was and is ultra vires the powers of the said defendants, unconstitutional, illegal, and therefore null and void.

“(5). An order setting aside the said appointment, approval and installation of the first defendant.”

On the 22nd day of June 2000 when the motion came up for hearing Sir C.R.A. Adedeji appeared for the plaintiffs/Applicants (now Respondents) while Alhaji Yusuf Alli Oke) appeared for the 3rd plaintiff/Applicant. A. O. Akanle (as he then was) represented the 1st Defendant and was in court.

After the Learned Counsel for the Plaintiffs/Applicants had moved the motion, the following was recorded by the Learned trial Judge at page 1 of the Record of proceedings: –