ALHAJI ADAMO AJAO RAMONU ADEYEMI G. OGUNJIDE LAWUSI LANIYAN (FOR THEMSELVES AND ON BEHALF OF BAARA EJEMU FAMILY OF EDE/SEKONA) V. OBA (ALHAJI) OLADOKUN OYEWUSI (CHAIRMAN CHIEFTAINCY EDE, LOCAL GOVERNMENT) SECRETARY EDE LOCAL GOVERNMENT WAIDI ADEGBILE MOSES ADERINOLA (FOR THEMSELVES AND ON BEHALF OF ADEKOLU FAMILY OF SEKONA/EDE)

MUHAMMAD JCA (Delivering the Lead Judgment): This appeal once again raises the fundamental issue of a court’s jurisdiction which necessarily comes into focus following the non performance by a plaintiff of a conditionprecedent to the commencement of the action and a challenge by the defendant of the competence of the action. The place, import and applicability of the doctrine of stare-decisis in the adjudication process is a subsidiary question. It is an appeal against the decision of the Osun State High Court, coram Bada J , in suit No.HOS/82/86, dismissing plaintiffs claim in its entirety for want of jurisdiction. The judgment appealed against is dated 7 June 2001. The plaintiffs and the defendants at the lower court are, before us, appellants and respondents respectively. They will be referred to as such from now on in this judgment.

Paragraph 40 of the appellants amended statement of claim, dated 21 May 1997, contains the former’s claim against the respondents. It reads as fo…