KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Oyo State, Saki Judicial Division delivered on 30th November, 2006 granting an order of prohibition against the 2nd - 4th respondents on grounds of likelihood of bias pursuant to an application filed by the 1st respondent.
The facts that gave rise to this appeal as can be gathered from the record of appeal and the appellant's brief of argument are as follows: The appellant instituted an action against the 1st respondent herein before the Ilero Grade 'C' Customary Court, Ilero, Kajola Local Government Area of Oyo State for a declaration of title to 10 acres of land situated at Alaparun Area of Ilero, Kajola Local Government Area of Oyo State.
The 1st respondent who was the defendant in the suit before the Customary Court, upon being served with the processes, filed a motion on notice challenging the jurisdiction of the court to entertain the su…