Lasisi Sodeinde & Ors V. Temidayo Odedina Adegbuyi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Ogun State High Court of Justice in Suit No. HCS/33/88 delivered on the 30th of June 1999.

The Respondents by their Further Amended Statement of Claim filed on the 17th of Feb. 1998 sought against the Appellants the following reliefs.

1. A declaration that the Odofin of Makun Sagamu which originate from Late Ikugbamolu Odufade, the first Odofin of Makun consist of four branches namely: Otumala, Onawoga, Awosesu and Odumade.
2. A declaration that the selection of a candidate to the vacant office of Odofin of Makun chieftaincy should be done by the above-named four branches of the family jointly and the filing of the vacancy should be rotational among the said four branches.
3. A declaration that the plaintiffs and the descendants of Otumala branch and Oguntade line of Odofin of Makun chieftaincy family are entitled to attend and partake in any Odofin chieftaincy meetings including those convened purposely for the selection of a candidate for the vacancy in the chieftaincy title and be part of the decision making process for the said

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selection and filing of the vacancy.

4. A declaration that it is now the turn of Awosesu to present a candidate for the vacant office of Odofin of Makun chieftaincy in succession to the late Chief Amusan Sode who was the last Odofin of Makun Sagamu.
5. A declaration that anything done or purported to have been done in the process of nominating a candidate for the vacant office of Odofin of Makun chieftaincy in succession to the said Odofin Amusan Sode without the knowledge and concurrence of the plaintiffs is null and void and of no effect.
6. An injunction to restrain the 4th defendants from presenting himself as candidate for the vacant office of Odofin of Makun Sagamu or otherwise parading himself as such a candidate pending the final determination of this suit.
7. An injunction to restrain the 5th and 6th defendant, their servants or agents from either selecting, nominating, accepting, recognizing, installing or otherwise entertaining the candidature of the 4th defendant or anybody else presented by the 1st to the 4th defendants for the vacant office of Odofin of Makun Sagamu without the concurrence of the plaintiffs, ending the final

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determination of this suit.

The 1st and 2nd Respondents were the Plaintiffs at the lower Court and their case from their pleadings is that the Odofin of Makun Chieftaincy originated from one Odofin Odufade who migrated alongside the Ewusi of Makun from Ile-Ife to Agbele. Odufade was installed as the first Odofin at Agbele, the Makun homestead upon his settlement.

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The Respondents pleaded that the action is brought in a representative capacity and that there are four branches of Odufade family which are Otumala,Onawoga, Awosesu and Odumade. 1st Respondent traced himself to Otumala branch while the 2nd Respondent traced himself to Awosesu. The 1st ? 4th Appellants who were the Defendants at the lower Court are said to be members of Odofin Odufade family with the Respondents. The Respondents claimed that Odufade had land at Okerala village where he farmed with his children. The Respondents claimed that it is customary to rotate the Odofin Chieftaincy among the four branches of the family. Respondents further claimed that the Appellants did not allow a meeting where an Odofin would be appointed to hold. The Respondents stated further that the

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Appellants are trying to exclude the Respondents from succeeding to the Odofin Chieftaincy. The Respondents pleaded a W.A.C.A judgment in their favour and claimed as per paragraph 60 of their Amended Statement of Claim.

The Appellants in their 2nd Amended Statement of Defence averred that they are descendants of Odofin Odufade family. They denied the existence of any Otumala and Awosesu branches of the said Odufade family. The Appellants stated further that Odufade had four children. They are the Odumade, Onawoga, Agberu and Ogbogan. They denied rotational order for appointment of Odofin which is the exclusive preserve of Odufade family.

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