By a writ of summons filed on 5th April, 1991, the original plaintiff, Alhaji Aileru Jubril (Baale of Ganmo), suing for himself and the family of Baale Sunmonu Okunoye, instituted an action against the respondent in this appeal, Alhaji Abdullahi Atanda Kolawole and Oba Saliu Alebiosu (Olupo of Ajasse - Ipo) as defendants seeking declaratory and injunctive reliefs relating to the Baaleship of Ganmo, a town within Ifelodun Local Government Area of Kwara State.
The original plaintiff died and was substituted by Salami Adisa Olori. By his further Amended Statement of Claim No. 2 filed on 8th May 2005, he sought the following reliefs:
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i
That under native law and custom of Ganmo, the position of or the right to become Bale of Ganmo, is the exclusive preserve or right of the plaintiff's family who are the direct male descendants of the first Bale of Gamo, Bale Sunmonu Okunoye.
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ii
That there is no other family other than that of the plaintiff who are entitled to contest for and occupy the stool of Bale of Ganmo under the native law and custom.
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iii
That the children, descendant or blood relation of the defendant are not entitled to become the Bale of Ganmo under the native law and custom of Ganmo, they, not being in any way related to the first Bale of Ganmo.
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iv
A declaration that the Defendants alleged letter of appointment dated 17th October, 1990 is Illegal, inconsistent with history and official records of the head of Ganmo Community therefore, irregular improper and a nullity.
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v
An order setting aside the purported appointment by the Ifelodun Local Government Council of the Defendant as Baale of Ganmo.
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vi
An order directing the defendants to cease from interfering with or continue to desecrate the native law and custom of Ganmo as declared by the Court and forthwith cease from parading, presenting, calling or introducing himself to any person or authority as the Bale of Ganmo in Ifelodun Local Government Kwara State.
The defendant joined issues with the plaintiff by his Further Amended Statement of Defence wherein he contended, inter alla that in fact it was his own great grandfather, named Ganna-Nganku who founded Ganmo and that it is the male line of his own family that produces the Baale. The plaintiff filed a reply thereto. The matter proceeded to trial. Both sides called witnesses and tendered documents.
At the conclusion of the trial and after considering the written addresses of learned counsel, judgment was entered in favour of the plaintiff in the following terms:
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"Having considered the evidence adduced by the Plaintiff along with the defendant as well as all the documents admitted by the Court for both parties, I hold that I prefer the evidence of the Plaintiff to that of the defendant. The Plaintiff's evidence was not controverted while the documents tendered fully support the case for the plaintiff I therefore hold that the Plaintiff's evidence on the traditional history of the founding of Ganmo is preferred to the evidence of the defendant which in my opinion was merely "made up stories." I hold the Plaintiff as the rightful person entitled to be called and established as the Baale of Ganmo. I hereby make an order directing the defendant to cease from interfering or continue to describe or parading himself or calling or introducing himself to any person or authority as the Baale of Ganmo in Ifelodun Local Government of Kwara State no other family other than the Plaintiff is entitled to contest for and occupy the stool of Baale of Ganmo under the Native Law and Custom. I also hold that the children, the descendant or blood relation of the defendant are not entitled to become the Baale of Ganmo as they are not in any way related to the First Baale of Ganmo. I also declare that the defendant's alleged letter of appointment dated 7th October 1990 is illegal and inconsistent with the history and official record on the head of Ganmo Community and therefore irregular, improper and a nullity. The purported appointment by the Ifelodun Local Government Council of the defendant as Baale of Ganmo is hereby set aside. All other reliefs sought by the Plaintiff are granted as prayed."
(See page 305 line 11 to 306 lines 1-5 of the record).
The defendant, who is the respondent in this appeal, was dissatisfied with the judgment and filed an appeal before the Court of Appeal, Ilorin Division. In a considered judgment delivered on 18th March 2008, the appeal was allowed and the judgment of the trial Court was set aside. The plaintiff's (now appellant's) suit at the trial Court was accordingly dismissed. Hon. Justice Jummai Sankey, JCA who participated in the appeal, agreed with the lead judgment of Ignatius Igwe Agube, JCA. Curiously, Helen Moronkeji Ogunwumiju, JCA, expressed at the commencement of her contribution that she agreed with the reasoning and conclusion in the lead judgment. However, in concluding the contribution, and from the tenor of the observations made, she found the appeal to be unmeritorious and dismissed same. In effect His Lordship rendered a dissenting opinion. Nonetheless, the majority opinion represents the judgment of the Court.
The appellant is dissatisfied with the judgment of the lower Court and has appealed to this Court vide his notice of appeal filed on 24/4/2008 containing 17 grounds of appeal. The present appellant was substituted for Alhaji Salami Olori, who had since died.
The parties duly filed and exchanged their respective briefs of argument as required by the rules of this Court.
