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CaseLaw

Aroyewun V. Adediran (2004) CLR 7(e) (SC)

Judgement delivered on July 9th 2004

Brief

  • Concurrent finding of fact by lower courts
  • Chieftaincy dispute
  • State High Court jurisdiction

Facts

This appeal is from a judgment of the Court of Appeal, Ibadan delivered on 25th June 1990 whereby that Court dismissed the Appeal of the Defendants.

By a statement of claim dated 14th March 1986, the Plaintiff claimed against the Defendants four reliefs, to wit:

  • i
    Declaration that the Plaintiff is the only recognised Chief or Oba Ajoriwin of Irawo in Ifedapo Local Government Area of Oyo State of Nigeria.
  • ii
    Declaration that there is only one Irawo and no Irawo-Ile of Irawo-Owode in Ifedapo Local Government Area of Oyo State of Nigeria.
  • iii
    Perpetual Injunction restraining the 1st Defendant from parading himself in any form as a recognised Chief or Baale within Irawo Community.
  • iv
    Injunction restraining the Defendants, their agents, privies and or supporters from illegally naming and using part of Irawo as Irawo Owode.

However, in the course of the trial the Plaintiff withdrew the reliefs claimed in paragraphs (ii) and (iv) above. The only live claims before the trial court were (i) and (iii).

The brief facts of this case are these. Prior to 1952 the Plaintiff and the 1st Defendant contested for the Obaship of Irawo otherwise known as the Ajoriwin of Irawo a town near Oyo in the Oyo State of Nigeria. The Plaintiff triumphed and was duly installed as the Ajoriwin of Irawo. The 1st Defendant did not challenge his defeat in any of the ways open to him under the law. In protest however the 1st Defendant and his supporters moved from Irawo to a place about 2 miles away to settle. The Defendants christened this settlement "Irawo-Owode."

The Defendants lost both in the trial Court and the Court of Appeal. The Defendants have now further appealed to this Court.

Issues

  • 1
    Whether in all the circumstances of this case the Court of Appeal was...
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