Jacob Popoola & Ors. V. Joshua Oyeyemi Adeyemo & Anor. (1992)

LawGlobal-Hub Lead Judgment Report

U. MOHAMMED, J.S.C. 

The plaintiffs, who are respondents in this Court commenced proceedings against the defendants now appellants in the Ogbomosho High Court of Oyo State and in their amended writ of summons claimed the following reliefs:-

“(a) Declaration that the defendants are not members of any of the five Ruling Houses of Ajawa and therefore cannot vie for contest and or be appointed as an Alajawa of Ajawa.

(b) Declaration that the chieftaincy declaration made pursuant to section 4(2) of the Chiefs Law 1957 in respect of Alajawa of Ajawa approved on the 15th day of September, 1958 and registered on the 16th day of September, 1958 is null and void and of no effect and is contrary to the custom and practice of Ajawa in so far as it included Olajolu Ruling House as one of the Ruling Houses in Ajawa.

(c) An order of injunction restraining the 3rd and 4th respondents from appointing, approving the appointment of either the 1st and 2nd defendant as Alajawa of Ajawa.

(d) An order to quash any appointment or approval of the 1st and for the 2nd defendant as an Alajawa of Ajawa by either the 3rd and/or 4th defendant.”

The trial ended in all the claims of the plaintiffs being dismissed.

At the trial court, there was no dispute on the facts that there was no chieftaincy declaration for the Alajawa chieftaincy, that the Olajolu Ruling House petitioned to be included in the proposed chieftaincy declaration, that a chieftaincy declaration relating to the Alajawa of Ajawa chieftaincy (Exhibit A) was approved on the 15th day of September, 1958 and registered on the 16th day of September, 1958 providing for five Ruling Houses as Laomo, Olajolu, Ibapala, Olumole and Olawusi. The Declaration was not published until 1976. It was also not in dispute that the appellant/defendant is a direct descendant of Falana and that Oyewole, the mother of Falana was the wife of Olajolu, a prince and son of Winjobi, a previous Alajawa of Ajawa. When Olajolu died, his wife, Oyewole, was inherited by his younger half brother according to native law and custom. Neither Olajolu nor Falana nor any descendant of Falana ever became an Alajawa of Ajawa.

In the High Court the following three main issues were determined:-

(a) Was the Olajolu Ruling House properly included in the Alajawa Chieftaincy Declaration of 1958 The trial court determined this issue in the affirmative.

(b) Was the Alajawa Chieftaincy Declaration of 1958 made without the knowledge or consent of all the Ruling Houses of Ajawa The trial court held that the Declaration was made after due consultation with all the Mogajis of the Ruling Houses, the kingmakers and the Ajawa community at large.

(c) Were the plaintiffs guilty of unreasonable delay in the prosecution of their claim against the defendants having regard to the fact that the declaration was made in 1958 Here again the trial High Court held that the plaintiffs were guilty of unreasonable and inexcusable delay in prosecuting their claim.

Dissatisfied with decision of the trial High Court (Famakinwa, J.), the plaintiffs appealed to the Court of Appeal, Ibadan Division, on

(i) The manner in which the High Court resolved the conflict of the traditional history on the paternity of Falana;