Oba Adeyeye Oladimeji & Ors V. Chief Noah A. Ajayi (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA J.C.A (Delivering the Leading Judgment)

This is an appeal against the Judgment of High Court of Justice, Omuo Judicial Division in Ekiti State, in Suit No: HCL/51/2000-CHIEF NOAH A. AJAYI V. OBA ADEYEYE OLADIMEJI & 1 Other, delivered on 21st day of April, 2009.

Briefly, the facts of the case are that the first Appellant is the Traditional Ruler of Imesi-Ekiti and the prescribed authority of the town. The second appellant is the Emila of Imesi-Ekiti.

The Respondent, the Oore of Imesi-Ekiti instituted the action at the lower court against the Appellants and claimed as follows:

“(a) A declaration that by the history native law and custom of Imesi-Ekiti, the plaintiff is a High Chief, a Kingmaker, one of the Iwarefas in Imesi-Ekiti, fifth in rank to the Oba and head of Oke-Ode Quarters of Imesi-Ekiti.

(b) A perpetual injunctive order restraining the first defendant, his agents, servants and privies from denying plaintiff, in any manner, at any time and in any place whatsoever, and of the benefits, honour or perquisites appertaining to the plaintiff’s title by the history native law and custom of the title.

(c) An order on the first defendant to derecognize second defendant as an Iwarefa Chief and head of Oke-Ode Quarters, Imesi-Ekiti but to restore him to his traditional position of an ordinary chief under plaintiff.

(d) An order restraining second defendant from parading, styling and calling himself an Iwarefa or head of Oke-Ode Quarters, Imesi-Ekiti and taking any benefit appertaining thereto but to confine himself to his minor title under plaintiff”.

At the conclusion of hearing, the learned trial Judge in his judgment granted the plaintiff’s claims. It is against this judgment that this appeal was lodged.

The learned counsel for the Appellants formulated five issues for determination of the appeal. The issues are set out as follows:

(i) Whether it was proper for the learned trial Judge to have suo motu struck out Exhibits A23, A24, A25 and letter dated 9/11/99 attached to A34, and 436 on the ground that the said Exhibits did not contain illiterates jurats.

(ii) Whether the lower court was not wrong for its failure or refusal to attach probative value to 1933 Weir Intelligence Report admitted as Exhibit A19 or A48 before the lower court.

(iii) Whether from the totality of pleadings and evidence on record, it can rightly be said that the respondent is an Iwarefa, and 5th in Rank to the 1st Appellant.

(iv) Whether it was right for the lower court to have de-recognized the 2nd appellant as an Iwarefa and head of Oke-Ode Quarters in view of the convincing evidence both oral and documentary placed before the lower court by the parties.