Race Auto Supply Company Limited & Ors V. Alhaja Faosat Akib (2006)

LAWGLOBAL HUB Lead Judgment Report

OGUNTADE, J.S.C.

This was a dispute as to who of the contending parties was entitled under customary law to be the Baale or head chief of a village called Egbeda. On 17-3-87, one Chief Salimonu Bolatito Lawai as plaintiff for and on behalf of Tanimowo family of Egbeda brought a suit against the respondents as the defendants claiming the following:

(a) Declaration that the Tanimowo family of Egbeda is the family entitled under native law and custom of Egbeda to produce (sic) the Baale of Egbeda to the exclusion of the Piposola family or any other family in Egbeda.

(b) Injunction restraining the 1st to 4th defendants, their agents and or servants from appointing or recognising any Baale of Egbeda from the Piposola family,

The parties filed and exchanged pleadings after which the suit was heard at the Ibadan High Court of Oyo State by Lajide, J, On 22-6-89, the trial judge in his judgment dismissed the plaintiff’s claims. It is pertinent to observe that the original plaintiff died and the present two appellants were substituted for him. The plaintiffs were dissatisfied and they brought an appeal before the Court of Appeal, Ibadan Division (i.e. the court below). The court below on 20th June, 2001, in its judgment dismissed the plaintiffs’ appeal. The plaintiffs have come before this court on a final appeal. In the appellants’ brief filed by the plaintiffs, the issues for determination in the appeal were identified as the following:

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(i) Whether or not having regard to the various strictures made against the judgment of the trial court, their Lordships were right in affirming the decision of the learned trial judge to the effect that the appellants did not prove the custom they relied on in proving their case (Ground 2 of the grounds of appeal)

(ii) Whether or not the court below was not in error in affirming that each of the respondents donated land for the establishment of Egbeda market when the case of the different respondents are (is) diametrically opposed and are contrary to their pleadings, (Grounds 2 and 4 of the grounds of appeal).

(iii) Whether or not the case of the parties that donations of land for the establishment of Egbeda market is not a sufficient proof of the customary land that would entitle the donors to appoint the Baale of Egbeda (Ground 3).

The 1st and 2nd defendants filed a joint brief as did the 5th, 6th, 7th and 9th defendants. The issues formulated in each of the two briefs filed by these defendants are amply covered by the plaintiffs’ issues for determination. I shall be guided in this judgment by the plaintiffs’ issues.

It is necessary for an appreciation of the issues as discussed in this judgment that the nature of the dispute leading to this appeal be fully understood. In the lead judgment of the court below per Akintan, JCA. (as he then was) the cause of the dispute was succinctly stated thus at page 229 of the record of proceedings:

The dispute that led to the institution of the action arose over succession to the stool of Baale of Egbeda in Egbeda Local Government area of Oyo State. The title is a minor chieftaincy title of which the Olubadan of Ibadan is the prescribed authority. When the stool became vacant in 1976 on the death of Yesufu Laniyan, the Olubadan appointed Lasisi Layosoye Piposola from Piposola family, as the Baale. The appointment was resisted from the Tanimowo family who claimed that an only member of their family was entitled to produce the Baale. Consequent upon protests from the Tanimowo family, the Olubadan revoked the appointment of Lasisi Layosoye Piposola and the plaintiff was appointed in his place in 1985.

See also  Bello Adeleke V. Falade Awoliyi & Anor (1962) LLJR-SC

As a result of protests from the Piposola family, the 1st respondent (Oyo State Government) had to come into the matter. Two administrative commissions of enquiry were set up to look into certain aspects of the dispute. However, by a letter dated 10th April, 1985, the 1st defendant/respondent wrote to the Olubadan declaring his action in installing the plaintiff as Baale of Egbeda null and void. The 1st defendant/respondent also wrote to the plaintiff restraining him from acting as the Baale of Egbeda. The plaintiff instituted the action as a reaction to the action of the State Government nullifying his appointment as the Baale of Egbeda.

In paragraphs 9-16 and 40 of their statement of claim, the plaintiffs had pleaded the facts they relied upon for their claims thus:

  1. Before the early 1930’s there were a number of villages in the neighbourhood of Egbeda.
  2. These villages included Tanimowo, Aderogba, Olugbojo, Fasade, Obaloriegun, Oluwo, Elerumoke and Abidodu. Other villages are Aba Ahinde Gbalepa Omitowo A …. Mosafejo Onisade, Ajule Adekila, Mapo, Aba Bale Ire …in, Aba Edun and Adewunmi.
  3. Early in the 1930’s the road linking Ibadan with Ile-Ife was constructed and it passed through the site of the present Egbeda.
  4. The inhabitants of the surrounding villages decided to establish a market town at the site of the present Egbeda and gave the town its present name.
  5. Before the coming together or these villages, the Tanimowo family had been the owners of the land through which the road passed and on which the town was located.
  6. Because of this, the community decided that the Tanimowo family who were owners of the land on which Egbeda was established should produce the Baale of Egbeda.
  7. The Tanimowo family thereafter produced the first Baale of Egbeda who reigned from 1939 in person of Lawani Olorode.
  8. Thereafter other members of Tanimowo family reigned as Baale in Egbeda.
See also  Habib Disu & Ors V. C. W Daniel-kalio (1964) LLJR-SC

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