Prince Hassan Oyedele & Anor V. Baale Sidiku Bamigboye Jimoh (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Honourable Justice M. Abdulgafar of Kwara State High Court in Suit No. KWS/OM/8/2008, delivered on 23/6/2010. Appellants, who were the Claimants at the High Court, had made the following claims against the Defendant (now Respondent), as per their writ and Statement of Claim, filed on 7/4/2008:

“(i). a declaration that changing the head (bale) of Ajengbe to an Oba is unknown to Yoruba native law and custom

(ii) a declaration that under Yoruba native law and custom it is the founder of a settlement who owns the land by right of first settlement and who heads his settlement, as of right

(iii) a declaration that Oyedele Oke family or families who founded Akikii which later became (renamed) Ajenigbe (Ajengbe) who is or who are entitled to become the Oba of Ajengbe and NOT a later arrival or arrivals called Onpetu-Ode family or families who had for inexplicable reasons ruled Ajengbe Community as her Baale

(iv) an Order of perpetual injunction prohibiting the defendant from parading himself as Oba Ajengbe in Eki-Apa Land Irepodun Local Government Area of Kwara State.” (pages 8 and 10 of the Record of Appeal).

The Respondent (as defendant) filed his defence and a counter-claim, asserting the same claims, in reverse and stating that the claimants’ family is not entitled to the Baaleship of Ajengbe.

The parties called witnesses, and at the end of the hearing, the learned trial judge dismissed the case of the claimants (Appellants) and up held the claim, of the Defendant, as per his counter claim, as follows:

“Although the claimants filed a defence to the counter-claim, no separate statements on oath were filed, which means it is the statement on oath attached to the statement of claim that is being relied upon to establish the defence to counter claim. In the light of the findings of fact I made in paragraph 9 hereof, I hold that the defendant’s claim (a) and (b) succeed. I find from the evidence of DW1 – DW3 that Ajengbe Chiefs in Council and the entire Community has decided to change the status of their traditional rulers from Baale to Oba. I hold that it is within their right, having held that the claimants have failed to prove the native law and custom that prohibits the change of title.

Consequently, I find for the defendant on the counter claim and make the following orders:

(i) A declaration that claimants’ families are not entitled to ascend to the stool of Ajengbe.

(ii) A further declaration that the defendants Onpetu-ode’s family is the family to the stool of Baale of Ajengbe and

(iii) Another declaration that the Ajengbe Community and or Ajengbe Chiefs in Council are entitled to change the status of their Baale to Oba.” (see page 119 of the Record)

Dissatisfied with the whole judgment, Appellants filed their Notice and Grounds of Appeal on 16/9/2010 and raised nine (9) Grounds of Appeal on pages 120 to 126 of the Record as follows: