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H.O. ADENIYI v. THE IFELODUN LOCAL GOVERNMENT & ORS

(2018) LPELR-44050(CA)

In The Court of Appeal of Nigeria

On Friday, the 6th day of April, 2018

CA/IL/107/2016


Before Their Lordships

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria


Between

H. O. ADENIYI
(The Olofa of Ofarese) - Appellant(s)

AND

1. THE IFELODUN LOCAL GOVERNMENT
2. THE IFELODUN TRADITIONAL COUNCIL
3. HIS ROYAL HIGHNESS, ALHAJI AHMODU AWUNI
(The Elese of Igbaja)
4. ABDULRAMAN AJIBOYE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an Appeal against part of the decision of His Lordship; Hon. Justice M. AbdulGafar of the High Court  of Kwara State delivered on 21st October, 2015.

Suit No. KWS/291/2011 which led to this Appeal was filed by the Appellant as Claimant in respect of a declaration made by the Court of Appeal, Ilorin in CA/IL/77/2008.

In the previous case, the Court of Appeal declared the Appellant in this case as the person entitled to the stool of Olofa of Ofarese and that he fulfilled the requirement of tradition and custom of Ofarese.

By Paragraph 17 of the Appellant's Statement of Claim, he claimed against the Respondents as follows:

i. For a perpetual injunction restraining the 1st Defendant from according to the 4th Defendant the rights and privileges and perquisites of office of the Olofa of Ofarese, Ifelodun Local Government Area.
???ii. For a perpetual injunction restraining the 2nd and 3rd Defendants from according to the 4th Defendant the rights and privileges and perquisite of office attaining to the Olofa of Ofarese. 
iii. An order of Court restraining the 4th Defendant from parading himself or presenting himself as the Olofa of Ofarese and from collecting perquisites of office of Olofa of Ofarese from the 1st, 2nd and 3rd Defendants or anywhere else as an Olofa.
iv. An order on the 1st Defendant to pay the Claimant salaries, allowances and other perquisite of office of an Olofa of Ofarese commencing from 13th April 2011.
v. An order on the 2nd and 3rd Defendants to recognize and give to the Claimant all the rights and privileges attaining to the Olofa of Ofarese.
vi. And such other order or further orders as the Honourable Court may deem fit to make in the circumstances.

???Pleadings were filed and exchanged in between the parties.

The parties to this Appeal called witnesses in proof of the injunctive reliefs claimed by the Appellant/Claimant. The learned trial Judge found and concluded for the Claimant and granted all the reliefs claimed on Paragraph 17 of the Statement of Claim subject to the condition that the reliefs will only become operative if the Supreme Court affirms the decision given in favour of the Claimant in Exhibit 17. 

Dissatisfied with the portion of the Judgment which subjected the operation of the injunctive reliefs to the affirmation of the decision given in favour of the Appellant in Exhibit 17, the Appellant filed an appeal in the  Court of Appeal.

ISSUES:
The Court determined the appeal based on the following issues for determination:
1. Whether the Judgment can be justified from the evidence before the Court (Grounds 1 and 2).
2. Whether the trial Court has not acted as an Appeal Court over its earlier Rulings (Ground 3).
3. Whether there was any Application before the trial Court warranting its decision to hold down its own Judgment in respect of another case which was not before it (Ground 4).

DECISION/HELD:
In the final analysis, the Court of Appeal held that the appeal lacked merit and it was accordingly dismissed.


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