Oba Philip O. Oni V. Princess Oluwatoyin Akinmolayan (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 T. O. Awotoye J. of the High Court of Osun State delivered on 2/12/2008 at the Ilesa Judicial Division.

By paragraph 30 of his statement of claim dated 12/6/2000, the Appellant as Plaintiff claims against the Respondent as follows:

(i) Declaration that the Plaintiff as the Loja Iwoye is the prescribed authority to all areas traditionally associated with Iwoye Ijesa, Oriade Local Government under the Chiefs Law Cap. 21 vol. 1 Laws of Oyo State 1978.

(ii) Declaration that Itegun is an area traditionally associated with Iwoye Ijesa Oriade Local Government and that the defendant cannot be installed Loja Itegun without the approval of the Plaintiff who is the prescribed Authority for Itegun.

(iii) Declaration that the purported installation of Loja Itegun or (Oba, the Ojiwuke II Onitegun of Itegun Ijesa) is null and void as he did not have the approval and was not installed by the Plaintiff who is the prescribed Authority.

(iv) Injunction restraining the defendant from parading himself either as Loja or Oba until the defendant seeks and have the approval of the Plaintiff and properly installed by the Plaintiff at the Plaintiff’s palace.

Pleadings were filed and exchanged. The relevant pleadings submitted for trial by the parties were/are.

(a) Statement of claim dated 12/6/2000.

(b) Further Further Amended Statement of Defence.

(c) Consequentially Amended Reply to Defendant’s Further Further Amended Statement of Defence.

Essentially, the case of the Appellant as the Loja of Iwoye, he is the prescribed authority to the Defendant’s Chieftaincy as Onitegun and that Itegun, the Defendant’s community, is an area traditionally associated with Iwoye.

The Respondent’s defence is that his community, Itegun is independent of and separate from Iwoye, that the Appellant has no connection with or role to play in his appointment and installation as Onitegun of Itegun hence his installation was without reference to the Appellant, and that the Appellant is not the prescribed authority in respect of his Chieftaincy as the Onitegun.

At the trial, the Appellant (Plaintiff) gave evidence and called 7 witnesses while the Respondent (Defendant) called 10 witnesses in his defence. In all, Exhibits A – U were tendered on both sides. On the 2nd day of December 2008, the learned trial Judge delivered his judgment and found that the Plaintiff Appellant did not prove his case.