Chief R. B. Buraimoh V. Chief Maliki Adeniyi Esa & Ors (1990)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C.

This is a further appeal by the plaintiff in this case against the dismissal, by the Court of Appeal, Kaduna Division, of his appeal against the judgment of Adegbite, J., sitting in an Ilorin High Court.

In that court, the plaintiff had instituted an action against the defendants jointly and severally claiming in his amended writ of summons, as follows:-

“The plaintiff’s claim against the defendants both jointly and/or severally is for

(i) a declaration that the plaintiff is the rightful Oba of Idera having been so appointed in October, 1979 by the Juduala Ruling House, whose turn it was to appoint a successor of the late Oba Noah Oloruntoba (from Oyan/Olupo Ruling House) who died in September, 1979, sequel to the agreement of July 28th, 1962 now annexed as annexure 1 to this writ of summons

(ii) a declaration that the 1st – 5th defendants who are the Idera kingmakers cannot install the 6th defendant who is a member of Ikota Ruling House as the Oba of Idera as now being threatened as doing so will be in breach of the aforesaid annexure 1,

(iii) an order mandating the first to fifth defendants to install the plaintiff as the Oba of Idera and

(iv) a perpetual injunction prohibiting the 6th defendant from performing the functions of the Oba of Idera and from enjoying the perquisites of the said office;

(v) the 7th defendant has no power to appoint or install the 6th defendant as the Oba of Idera and

(vi) the 8th and 9th defendants have no power to approve the appointment of the 6th defendant as the Oba of Idera.”

The substance of the plaintiff’s claim was that in accordance with the terms of an agreement entered into by the members of Idera community (exhibits 1 and 2), it was the turn of his family to provide a candidate for the throne of Oba of Idera after the demise of Oba Noah Oloruntoba in 1979, that at a meeting of his family summoned for the purpose, he was duly elected as their candidate, and that subsequently his name was forwarded to the 1st – 5th defendants, who were the kingmakers and who wrongfully refused to install him. It was also his case that the subsequent appointment of the 6th defendant by the 7th defendant as the Oba Idera of Idera community was wrong and that the 8th and 9th defendants who approved the appointment of the 6th defendant had no power to do so.

The plaintiff filed an amended statement of claim. The 1st-6th defendants filed a statement of defence and the 7th – 9th defendants did not file any pleadings. At the trial the plaintiff did not give evidence but called two witnesses who did so on his behalf. The 1st – 6th defendants did not give evidence either but two witnesses testified on their behalf.

At the end of the trial, the learned trial Judge gave careful consideration to the evidence adduced by the parties, and in dismissing the plaintiff’s claims against all the defendants, concluded as follows:-

“On the whole, I repeat that it is well known that civil cases are decided on a preponderance of evidence. The burden is always on the plaintiff and it is burden that has to be proved to the satisfaction of the court in a case where a declaration is sought from the court. The plaintiff must rely on the strength of his own case and not on the weakness of the defendant whose duty is merely to defend. If the onus of proof on the plaintiff is not discharged, the weakness of the defendant’s case will not help the plaintiff.”