Oba Lawani Aladegbemi V. Oba John Fasanmade (1988)

LawGlobal-Hub Lead Judgment Report

G. O. AGBAJE, J.S.C. 

The Plaintiff, Oba Lawani Aladegbemi Alaye of Efon Alaye-Ekiti, for himself and on behalf of all the Chiefs and people of Efon Ekiti, sued the defendant, Oba John Fasanmade Oba of Ido-Irapa, for himself and on behalf of all the chiefs and people of Ido-lrapa Ekiti, in 1974 in the then Western State High Court of Justice in the Ado-Ekiti Judicial Division holden at Ado-Ekiti claiming against him as follows:-

“The Plaintiff’s claim is for a declaration that the Defendants, as Customary tenants to the Plaintiffs on the plaintiff’s land at Ido Gongo and Ido-Irapa in Ekiti West Division of Western State of Nigeria over which land the Plaintiffs have got judgment against the Defendants, should under native law and custom continue to pay to the Plaintiffs Ishakole (annual customary tribute) as outlined hereunder and in accordance with the ancient custom:-

viz:-(a) during Olokun Festival:-

i. 20 tins of palm oil at the current value

ii. 6 bags of beans at the current value

iii. 1,000 walnuts at the current value

iv. 500 kolanuts at the current value

viz:-(b) during Ikori Festival:-

i. a big ram at the current value

ii. 200 yams at the current value

iii. 500 kolanuts at the current value

Or in the alternative that the tenants’ interest over or in respect of the land as customary tenants be forfeited.”

Pleadings were ordered on 14th February, 1974. The Statement of claim was duly filed. A statement of defence with a counter-claim was filed. The counter claim was in the following terms:-