CHIEF T.A.L. AKAPO (OJORA OF LAGOS) V. ALHAJI H.A. HAKEEM-HABEEB & ORS.

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): On the 13th February, 1989, the Court of Appeal, Lagos Division, dismissed the appeal of the appellant against the ruling of Agoro J. of the High Court of Lagos State. Agoro J. had dismissed plaintiff's application seeking interlocutory injunction against the respondents. This is an appeal against the judgment of the Court below affirming the ruling of Agoro J. dated the 14th May, 1986.

A proper understanding of the position of the parties and the issues involved in this application requires setting out in some detail, the background facts leading to the litigation. It is however, important to emphasise the fact that the substantive action between the parties is still pending. The purpose of this application is to keep the parties in status quo pending the determination of the substantive action.

The plaintiff, is the Chief Ojora of Lagos. He is an Idejo white cap Chief. The Ojora "chieftaincy is an old established and recogn…