Prince Joseph Olaloye & Ors V. The Attorney General & Commissioner For Justice, Osun State & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Osun State, sitting at Osogbo delivered by Hon. Justice S.O. Falola on the 6th day of August, 2009 dismissing the Appellants’ claims in their entirety and granting the reliefs contained in the Counter claim filed by the 3rd and 6th Respondents.

1.02. The Appellants, by their Writ of Summons and Statement of claim filed on the 16th December, 2008 claimed the following reliefs.

“(i) A declaration that the 1st Claimant is the holder of the tile (sic of Olori Olomooba of Agbaaland.

(ii) A declaration that by virtue of the 1st claimant being the Olori Olomooba of Agba land and by the provisions of the Chieftaincy Declaration of Alagba which Declaration was made by the Ifelodun District Council on the 17th day of October, 1955 and passed by the Council on the 16th day of November, 1956 and approved at Ibadan on the 27th day of May 1957 and duly registered at page 189 of the Chieftaincy Declaration Register on the 29th day of June, 1957, the 1st claimant as the Olori Olomooba is the only person authorized to produce a candidate from the Fatorisa Ruling House to the kingmakers which Fatorisa Ruling House is currently entitled to present a candidate to fill the vacate stool of the Alaagba of Aagba.

(iii) An order of perpetual injunction restraining the 3rd Defendant from parading himself as the Olori Olomooba of Aagbaland.

(iv) An order of perpetual injunction restraining the 1st, 2nd, 4th and 5th Defendants from treating or recognizing or causing to treat or to recognize the 1st Defendant (sic) as the Olori Olomooba of Aagbaland”.

1.03. The 3rd and 6th Respondents filed their defence to the action and by way of counter claim prayed the Court for the following reliefs.

“(i) A Declaration that the 3rd Defendant is the rightful holder of the Olori Olomooba of Aagba land.

(ii) A Declaration that by virtue of the 3rd Defendant being the Olori Olomooba of Agbaland and by the combined provisions of the Chiefs Law of Osun State 2002 and the Chieftaincy Declaration of Alaagba of Aagba made by the Council on the 16th day of November, 1956 and approved in 1957 and duly registered at page 187 of the Chieftaincy Declaration Register on 29th day of June, 1957, is right to have taken all steps relating to producing the names of candidates from the Fatorisa Ruling House to the kingmakers.

(iii) A Declaration that the recognition of the 3rd Defendant by the 1st, 2nd, 4th and 5th Defendants, the kingmakers and the Olomo Obas in relation to the statutory meeting of the Fatorisa Ruling house of 30/12/2008 and the presentation of names of candidates from the Fatorisa Ruling House to the kingmakers.

(vi) A Declaration that all the acts and steps taken so far by the 3rd Defendant in his capacity as the Olori-Olomo Oba regarding the filling of the vacant stool of Alaagba remains valid, lawful and competence.

(v) An order of perpetual injunction restraining the 1st claimant from parading himself as the Olori-Olomooba of Aagba land.

(vi) An order of the court directing the installation process earlier initiated by the 3rd Defendant but suspended at the instance at the instance of the Governor of Osun State, be continued forthwith by the 1st, 2nd, 3rd, 4th and 5th Defendants”.