Oba Ellijah Oladele Ayeni (Olupoti of Ipoti) & Ors. V. Prince R. A. Ajimoti Elepo & Ors. (2007)

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TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the Ruling of the lower court, coram E. O. Kowe J, delivered on 21/7/2003. The Appellant was the 1st Defendant at the lower court while the Respondents were the plaintiffs.

By a writ of summons and statement of claim dated 5th day of November, 2002 and filed the same date, the Plaintiffs/Respondents claim against the Defendants/Appellants as follows:

“(a) A declaration that the Obalaaye of Ejiyan is the head chief and or Oba of Ejiyan Quarters in Ipoti Ekiti.

(b) A declaration that it is the prerogative of the Ejiyan people and chiefs to select, appoint and install an Obalaaye of Ejiyan in accordance with their age-long customs and traditions.

(c) A declaration that no Olupoti in history had ever appointed or installed an Obalaaye of Ejiyan.

(d) A declaration that the 1st Defendant is not a prescribed authority over the Obalaaye Chieftaincy.

(e) A declaration that the 2nd & 3rd Defendants either acting alone or in concert with the 1st Defendant have no business with or role to play in the appointment and installation of an Obalaiiye apart from being merely informed of such an appointment and installation after the completion of same by the Ejiyan, people and Chiefs.

(f) AN ORDER OF PERPETUAL INJUNCTION restraining the

(i) 1st defendant either by himself, Chiefs, servant, agents, aides or through any person ,or persons however from interfering or meddling in the process of nominating, selecting, appointing or installing of any candidate including any of the plaintiffs as the Obalaaye of Ejiyan or disrupting, disorganizing or thwarting any meeting called by the Ejiyan people and Chiefs for the purpose of nominating, selecting, appointing, installing an Obalaaye of Ejiyan.

(ii) The 2nd & 3rd Defendants either acting alone or in conjunction with the 1st Defendant from interfering or meddling in the process of nominating, selecting appointment and installing an Obalaaye of Ejiyan.

(iii) The 1st Defendant from removing, deposing dethroning or punishing any traditional Chiefs in Ejiyan Quarters”

The Appellant filed a statement of defence dated 29th day of November, 2002 and filed on 2nd day of December, 2002 while the 2nd and 3rd Defendants did not file any statement of defence.

The Appellant through his counsel raised a preliminary objection on point of law by the motion on Notice dated 21st day of March, 2003 and filed on the same date praying the trial court for an order dismissing the suit of the Plaintiffs on the ground that the action of the Plaintiffs is res-judicata or that plaintiffs are estopped per judicatam by virtue of the judgment of the Court of Appeal therein in suit No: CA/IL/18/2001.