MR. Festus Mabaiyedun & Ors V. Festus Adekanbi Olabode & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of S.A. Bola J. sitting at High Court of Justice Ondo State in Ikare Akoko Judicial Division delivered on 10/11/2006.

The Appellants as Plaintiffs claim against the Respondents as contained in their Amended Writ of summons of 23/4/2004 and by paragraph 48 of their Further Amended Statement of Claim of 26/4/2004 as follows:

(i) A declaration that the Plaintiffs are the male descendants of the Akemuse Family/House to the exclusion of the Defendants who are only related to the Akemuse family House through their maternal ancestor AIYESEMIKU.

(ii) A declaration that the 1st to 6th Defendants who belong to ODA family of Irun Quarters of ISE-AKOKO and have persistently claimed to be members of the AKEMUSE RULING Family/House to the exclusion of the Plaintiffs and have been pretending and parading themselves as such do not belong to the AKEMUSE Ruling Family/House of ISE-AKOKO in the Olishe of Ishe Chieftaincy.

(iii) A declaration that the 1st to 6th defendants are related to the AKEMUSE RULING FAMILY/HOUSE OF ISE-AKOKO through their Matrilineal lineage being descendants of AIYESEMIKU a daughter of OBA OYE.

(iv) A perpetual injunction restraining 1st to 6th Defendants, their Agents and servants of ODA family of Irun Quarters of ISE-Akoko from claiming and pretending to be members of the AKEMUSE Ruling Family/House of Ise-Akoko or parading themselves as such.

(v) A perpetual injunction restraining 7th and 8th Defendants from recognizing the 1st to 6th Defendants and or treating them as members of Akemuse Ruling Family/House of ISE-AKOKO in the OLISHE of Ishe Chieftaincy.

Also, by their paragraph 61 of the Amended Statement of Defence and counter claim of 26/5/2003, the Respondents Defendants counter claimed thus:

61.

(a) Declaration that the 1st defendant is the Olise of Ise-Akoko having been duly selected and appointed from AKEMUSE RULING HOUSE by the Ondo State Government acting pursuant to the native law and custom of Ise Akoko.

(b) Declaration that the 1st to 6th defendants are the true and accredited members of AKEMUSE Ruling House of ISE-Akoko.

(c) Declaration that the Plaintiffs are not members of Akemuse Ruling House. The Appellants as Plaintiffs pleaded and gave evidence that Akemuse (their common progenitor) gave birth to Omoroko. Omoroko gave birth to 3 children- Osode, Upa and Oye. Oye gave birth to 3 children – Agburogunmasa, Ibase and Aiyesemiku who was a female and married to Oda. The parties are agreed that Aiyesemiku was one of the three children of Oba Oye.

While the Plaintiffs witnesses testified that Ayesemiku a female (daughter of Oye) married Oda from Irun Quarters. That both Oda and Ayesemiku gave birth to Gbiri, grandfather of the 1st defendant (Oba Adenkanbi). Tifase who gave birth to the 3rd and 4th Defendants and Apena grandfather of the 2nd and 6th Defendants.