The 1st respondent herein as plaintiff instituted this action against the appellant and 2nd and 3rd respondents herein as 4th, 1st & 2nd defendants before the Ile-Ife High Court claiming as follows:

Pleadings were filed and exchanged between the parties. The plaintiff filed statement of claim. The 1st & 2nd &3rd defendants filed and later amended their statements of defence while the 4th defendant statement of defence was not amended. At the trial, the plaintiff gave evidence in support of his claims and tendered exhibits but called no witness. One Oluwole Oladokun testified on behalf of the 1st and 2nd defendants and tendered exhibits. Alhaji Abas Afolabi Lawal gave evidence and tendered exhibits on behalf of the 3rd defendant. 3rd defendant also called Oba L.O. Afolabi the Alapomu to support his case. The 4th defendant gave evidence and called three witnesses in support of his case. At the end of the case, learned counsel for all the parties addressed the court.

The contention of the 4th defendant/appellant was that in the first leg of the claim, no evidence or case was made against the 4th defendant/appellant as he was not the author of the letters complained of and took no part in the deposition of the plaintiff. In the 2nd leg of the claim, injunction was not sought against the 4th defendant. According to the 4th defendant, although in the 3rd leg of his claim, an order of injunction was made against all the defendants, no evidence was led to show that he was an appointing body or institution that can appoint an Oosa. In conclusion the 4th defendant contended that all the reliefs claimed were not made out against him. At the end of the trial, the court entered judgment in favour of the plaintiff and granted all the reliefs sought by him. In addition the court also ordered that the plaintiff be reinstated forthwith as the Oosa of Apomu.

Dissatisfied with this judgment, the 4th defendant/appellant (hereinafter referred to as appellant) appealed