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OBA LAWANI ALADEGBEMI V. OBA JOHN FASANMADE

(1988) JELR 42755 (SC)

Supreme Court  •  SC.22/1986  •  17 Jun 1988  •  Nigeria

Coram
KAYODE ESO JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
G.O.K. Ajayi, Esq., SAN, (Dr. E. D. Atake, Miss A. Adaramaja and Miss B. Owolana with him) For Appellant Chief O. Chukura, S.A.N., (Miss. T.O. Oshuntokun and O. O. Shashore, Esq. with him) For Respondent

Judgement

A. G. O. AGBAJE, JSC (Delivering the Leading Judgment): The Plaintiff, Oba Lawani Aladegbemi Alaye of Efon Alaye-Ekiti, for himself and on behalf of all the Chiefs and people of Efon Ekiti, sued the defendant, Oba John Fasanmade Oba of Ido-Irapa, for himself and on behalf of all the chiefs and people of Ido-lrapa Ekiti, in 1974 in the then Western State High Court of Justice in the Ado-Ekiti Judicial Division holden at Ado-Ekiti claiming against him as follows:-

"The Plaintiff's claim is for a declaration that the Defendants, as Customary tenants to the Plaintiffs on the plaintiff's land at Ido Gongo and Ido-Irapa in Ekiti West Division of Western State of Nigeria over which land the Plaintiffs have got judgment against the Defendants, should under native law and custom continue to pay to the Plaintiffs Ishakole (annual customary tribute) as outlined hereunder and in accordance with the ancient custom:-

viz:-(a) during Olokun Festival:-

i. 20 tins of palm oil at the current value

ii. …

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