CaseLaw
Esuwoye V. Bosere & Ors (2016) CLR 7(d) (SC)
Judgement delivered on July 1st 2016/h5>
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Ilorin Division in appeal No. CA/IL/71A/2012 delivered on the is" day of July, 2014, in which the court allowed the appeal of appellant, in part, by overruling the trial court's holding that the counter claim of appellant was statute barred but failed/refused to consider other issues relating to the merit of the said counter-claim.
The facts of the case include the following:
The last Olofa of Offa, Oba Mustafa Olawore Olanipekun Ariwajoye II, died or joined his ancestors in March, 2010 thereby rendering the stool vacant. He was of the female line of the ruling house known as ANILELERIN. Following the death, the kingmakers called for nomination from the OLUGBENSE, the male ruling house, and ANILELERIN, the female ruling house to fill the vacancy. Appellant in this appeal emerged as the candidate of Anilelerin Ruling House while the 2nd respondent was the candidate of OLUGBENSE Ruling House. Appellant emerged as the winner of the contest and was presented to the 9th respondent, the Governor of Kwara State, for appointment as the new Olofa of Offa. He was so appointed and given a staff of office and crowned the Olofa of Offa.
Following the coronation of appellant, the 1st – 3rd respondents instituted suit No. KWS/OF/15/2010 in the High Court of Kwara State, Holden at Offa, for themselves and on behalf of OLUGBENSE Ruling House of Offa against appellant and 4th – 7th respondents who are the Kingmakers of the stool of Olofa of Offa and the 8th and 9th respondents being the Attorney-General and Governor of Kwara State, respectively.
The claims of the claimants/plaintiffs in that were numerous.
The 1st - 5th defendants in the suit, including the present appellant, counter claimed against the claimants.
At the conclusion of the trial, the learned trial judge dismissed the claims of the claimants and those of the counter claimants which resulted in an appeal and cross appeal to the Court of Appeal numbered as CA/IL/71/2012 and CA/IL/71A/2012 respectively.
The Court of Appeal allowed the main appeal, CA/IL/71/2012, while the cross appeal was dismissed despite the fact that the court found that the trial court was in error in holding that the counter claim, giving rise to the cross appeal, was statute barred.
The judgment of the lower court in respect of appeal No. CA/IL/71/2012 generated many appeals to this Court namely SC/647/2013; SC 648/2013; SC/650/2013 and S.C/650A/2013, apart from cross appeals.
The instant appeal, No. SC/890/2014, is against the judgment of the lower court on the cross appeal No. CA/IL/71A12012 and tags along a preliminary objection and a cross appeal.
Issues
Whether, considering the grounds of appeal in this case, this Court has the...