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CaseLaw

Gbadamosi V. Gov. Oyo State (2006) CLR 6© (SC)

Judgement delivered on June 16th 2006

Brief

  • Concurrent finding of fact
  • Oral evidence

Facts

This was a dispute as to who of the contending parties was entitled under customary law to be the Baale or head of a village called Egbeda. On 17-3-87, one Chief Salimonu Bolatito Lawal 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 recognizing 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 claim. 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.

Issues

  • 1.
    "Whether or not having regard to the various strictures made against the...
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