AMAIZU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Gbadeyan J., of the Kwara State High Court, sitting at the Ilorin Division. The judgment was delivered on the 24th day of November, 1985.
Briefly, the facts of the case are as follows:-
There was a long drawn dispute over succession to the vacant stool of Bale of Oke-Oyi in Kwara State. There were series of law suits between Chief Joshua Alao, now, the 1st respondent and, Mallam Gbadamosi Akano. The dispute went to the Supreme Court.
It seems that after the Supreme Court's decision in the suit, Joshua Alao v. Gbadamosi Akano (1988) 1 NSCC 329; (1988) 1 NWLR (Pt.71) 431, Mallam Gbadamosi Akano was turbaned the Bale of Oke-Oyi. His, however was a very short reign. He died on the 17th of June of that year.
His death re-opened the struggle for the stool of Bale of Oke-Oyi. This time, it was between the 1st respondent and Chief Alfa Issa Akano, the son of Mallam Gbadamosi Akano. He is now the 2nd resp…