JOSHUA ALAO V. GBADAMOSI AKANO

E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): This case involves a dispute as to who was entitled to be appointed the Bale of Oke-Oyi in Kwara State, and the controversy has been through all the Courts of the land on two occasions. This is its third orbit. Unfortunately the parties in this case did not tender all the judgments delivered in those courts and this has made it difficult to fully appreciate the reasons for some of the orders made in the case.

The dispute started when the former Bale died and the Respondent was appointed to succeed him. The Appellant took objection to this, and sued the Respondent to Court. The writ of summons in that case (Suit No.KWS/II/1973) can be found at page 80 of Exhibit 2 and it was for the following claims:-

"The Plaintiffs in this case claim:

(i) a declaration that the title of Bale of Oke Oyi can be lawfully conferred only on members of the Bale Oke and the Bale Isale ruling houses of Oke Oyi town in Kwara State.

(ii) a declaration tha…