Mallam Suliman Bolakale Salami V. Alhaji Abdulrahaman Sule Ajadi (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE J.C.A (Delivering the Leading Judgment)

By a Writ of Summons dated and filed on the 18th day of October, 2002 and an Amended Statement of Claim dated 17th day of January and filed on the 21st January, 2002 respectively; the Claimant/Defendant to Counter-Claim (now Respondent), sought for declaratory and injunctive reliefs in the following terms:-

“(1) A declaration that the Defendant not being a member of the Plaintiff’s Baale family of Sapati-Ile, is not entitled to aspire to the Baale of Sapati-Ile, Asa Local Government Area of Kwara State.

(2) A declaration that the Stool of Baale of Sapati-Ile is not vacant as the Claimant is the valid and subsisting Baale of Sapati-Ile.

(3) An Order of perpetual injunction restraining the Defendant from parading or holding himself out as the Baale of Sapati-Ile or purporting to perform the function of Baale of Sapati-Ile.”

The Defendant joined issues by filing his Statement of Defence and Counter-Claim which was Amended and by the Further Amended Statement of Defence and Counter-Claim, denied most of the paragraphs of the Amended Statement of Claim and counter-claimed in paragraphs 51 (1) to (7) thus:-

“(1) A declaration that the Defendant’s Ogundairo family, is the only family entitled to produce the Baale of Sapati-Ile in accordance with the native law and customs of Sapati-Ile.

(2) A declaration that the Defendant having been properly and duly appointed as the Baale of Sapati-Ile in 1991 is the authentic Baale of Sapati-Ile.

(3) A declaration that the Claimant’s Digunlese family is not entitled to produce Baale of Sapati-Ile under Native Laws and Customs of Sapati-Ile.

(4) A declaration that the purported appointment of the Claimant as the Baale of Sapati-Ile by the Ilorin Emirate Council vide its letters of 22/02/99 and 14/5/2001 purportedly confirming and re-affirming the Claimant as the Baale of Sapati-Ile, violates the native laws and customs of Sapati-Ile and Ilorin Emirate and is therefore (sic) non und void.

(5) An Order of the Court setting aside the said purported appointment and or confirmation and re-affirmation of the Claimant as the Baale by the Ilorin Emirate Council.

(6) A perpetual injunction restraining the Claimant from parading, presenting, portraying himself and or ascribing to himself the title of Baale of Sapati and or in any way or manner performing the functions, duties and responsibilities and or enjoying the benefits, rights and privileges appertaining to the Office of Baale Sapati-Ile.

(7) And for such further order(s) as the Court may deem fit to make in the circumstance.”

At the hearing of the case in the lower Court the parties testified and called two witnesses each in support of their respective positions after which Written Addresses were exchanged and in a reserved Judgment delivered on the 4th day of March, 2009, the lower Court granted all the reliefs sought by the Claimant/Defendant to Counter-Claim (now Respondent) and dismissed the Defendant/Counter-Claimant (now Appellant’s) Counter-Claim.