Appellant sought to remove the appointment of the respondent as Bale of Oke Oyi in 1973 but that suit was struck out based on the ground that the High Court had no jurisdiction in chieftaincy matters.

The Supreme court following an appeal ordered a retrial.

The retrial was heard and judgment was given to the appellant. Respondent appealed to the Federal Court of Appeal. While the appeal was pending, the 2nd Respondent, the Emir of Ilorin, turbaned the appellant as the Bale of Oke Oyi.

The appeal was subsequently allowed. On appeal to the Supreme Court, the appellant’s case was dismissed by that court on 29th November, 1979, affirming the judgment of the Court below.

The Emir then recalled and returbaned the Respondent, forcing Appellant to institute proceedings against the two but seeking the same relief’s as have been the subject-matter of the disputes between the parties.

Appellant got judgment, the court overruling an objection that the case was res judicata. The Respondent appealed to the Court of Appeal which allowed his appeal on grounds of law only.

Appellants appealed to the Supreme court