Appellants had claimed against respondent a declaration that he, as the Alashe of Ojuwoye, is the head of Ojuwoye; an order for accounts of rents or moneys collected by the respondents on behalf of the community and an injunction restraining the respondents from collecting any further rents and also restraining the respondents from continuing in occupation of the appellants palace.

Respondents in return applied that the suit be struck out based on the principle of issue estoppel since it was raising issues which had been raised and disposed of in 2 consolidated suits namely Akinliyi v Ladega and Aileru v Salu culminating in the Supreme Court decision in Ladege v Akinluyi - SC./1/1967.

The Court granted the respondents application and suo motu granted the appellant leave to amend his writ of summons and pleadings to enable him continue the proceedings.

Respondent aggrieved, appealed to the Court of Appeal which dismissed the claim.