Adegbite, The Owa-ale Of Ikare V. Alasan Babatunde, The Olukare Odo (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim to chieftainship—Validity of appointment and status of another chief
challenged—Assertion of subsidiary claims also—Precedence and privilege
having no monetary value—Jurisdiction of Court to entertain action considered.

Facts

The appellant appealed against the judgment of the West African Court of Appeal which had allowed the respondent’s appeal and held that the Court had no jurisdiction to entertain appellant’s claim on the grounds that it was a suit challenging the validity of the appointm6nt of a Chief and that the subsidiary claims were also solely related to procedure dignity or primacy which did not involve definite material rights.

Held

The question of jurisdiction could not be properly decided without ascertaining the facts. It was essential to ascertain what by native law and custom was the status of the respondent the Olukare.
The first question to be decided was whether the respondent was a subordinate chief of a quarter of Ikare or was he the head chief of the whole of Ikare.

Appeal allowed.