CaseLaw
Mosojo Vs. Oyetayo (2003) CLR 5(G) (SC)
Judgement delivered on May 23rd 2003
Brief
Facts
Briefly put the Plaintiff's case is that he is a member of the Obasinkin Logun Kando family of Ila-Orangun and that he took the action on behalf of himself and the family. He said the Obasinkin Chieftaincy is exclusive to his family and that the appointment of the 1st Defendant as the Obasinkin by the other Defendants is contrary to native law and custom of Ila-Orangun, because the 1st Defendant is not related to the Logun Kando family. He traced the history of all the eleven Obasinkins who reigned up To the last one who died in 1982 to his family. The Defendants on the other hand contended that although the 1st Defendant was not a member of the Plaintiff’s family, they relied on the Chieftaincy Declaration of I960 (Exhibit D in the proceedings) which added the family of the 1st Defendant as a second Ruling House in respect of the Chieftaincy. The Plaintiff's reaction to this 1960 Chieftaincy Declaration (Exhibit D), was that the family was not aware of it and that at any rate the Obasinkin Chieftaincy has been relegated to a minor Chieftaincy by virtue of THE RECOGNISED CHIEFTAINCIES (REVOCATION AND MISCELLANEOUS PROVISIONS) ORDER 1976 (W.S.L.N.6of 1976), that it was no longer subject to the provisions of Part 2 of the Chiefs Law of the former Western State and consequently the 1960 Chieftaincy Declaration was no longer applicable.
After the close of evidence on both sides, learned counsel for the parties addressed the Court. In a reserved judgment, the learned trial Judge carefully evaluated and weighed the evidence led before him and found for the Plaintiff. He concluded his judgment thus-
"In my considered Judgment, the Plaintiff has proved his case and he is entitled to the reliefs sought. I grant the following orders-