Pastor I. F. Olaniyan & Ors V. Mr. E. O. Oyewole & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Justice, Kwara State in Suit No. KWS/OM/08/2006. Coram II O. Ajayi (J) delivered on the 5th day of October, 2009.

The appellants were the claimants/plaintiffs whilst the respondents were the defendants in the lower Court. The appellants vide their writ of summons dated and filed on 28th February, 2006 sued the respondents herein and claimed as follows:

“i. The purported appointment of the 1st defendant by the 2nd – 5th defendants as the Onirore (Oba ) of Rore is null and void as it was made contrary to the agreement of August/September 1978 between the Kingmakers and the entire Rore community on the one hand and the Ologbo/Arutu royal family on the other;

ii. an order to set aside the in absentia installation of 20/10/2005 and the confirmatory re-installation of 23/10/2005 and 4/11/2005 on the ground that they are contrary to Rore native law and custom and therefore null and void, and

iii. an order of this Honourable Court prohibiting and/or restraining the 1st defendant from further acting or parading himself as the Onirore (Oba) of Rore

The respondents filed their joint amended statement of defence of 28 paragraphs and in addition, counter claimed thus:

“i. A declaration that there are only 3 ruling houses in Rore namely ADULOJU, ARAPAMAGA and AGANNA.

ii. A declaration that there is no ruling house/family known as Ologbo/Arutu in Rore.

iii. A declaration that the selection and installation of the 1st Defendant as the Onirore of Rore by the 2nd to the 4th Defendants was lawful, proper and valid and in accordance with Role Native Law and Custom.”

The case proceeded to hearing and in a considered judgment the learned trial judge found for the respondents wherein he held thus:

“I have perused thoroughly and considered the evidences of the defendants and have concluded that as testified to by the defendants and their witnesses that the selection and installation of the 1st defendant as the Onirore by the 2nd defendants/counter claimants was lawful, proper and validly made in accordance with Rore native law and custom and I so hold”.

As for the Counter claim, the learned trial judge also held as follows:

The defendants/counter claimants having proved their claim, the court hereby declares that: