MR. DELODUN MOHAMMED (FOR THEMSELVES AND ON BEHALF OF ODO-OJA RULING HOUSE OF OKE-ONIGBIN) PRINCEADESINA RAPHAELAJIBOLA V. MR. KAMALDEEN SALAUDEEN COMMISSIONER FOR LOCAL GOVERNMENTAND CHIEFTAINCYAFFAIRS THE EXECUTIVE GOVERNOR OF KWARA STATE ATTORNEY GENERALAND COMMISSIONER FOR JUSTICE KWARASTATE CHIEF SALIU ABDULSALAM (THE ESINKIN OF OKE-ONIGBIN) CHIEF BURAIMOH OGUNDE (THE ESA OF OKE-ONIGBIN)

UGO JCA (Delivering the Lead Judgment): This appeal is from the ruling of the High Court of Kwara State, per E.B. Mohammed J., of 13 April 2016 upholding the preliminary objection of the 1st, 5th and 6th respondents and striking out suit No. KWS/88/ 2015 of appellants on grounds of lack of jurisdiction. The appellants’ claims against the respondents as defendants were for: A declaration that by Oke-Onigbin native law and custom, there are four ruling houses that can occupy the stool of Onigbin of Oke-Onigbin in case of any vacancy. A declaration that the 1st defendant and his family has never been and cannot be member of the ruling houses in Oke-Onigbin having come from Il e-Alapo compound. A declaration that the 1st defendant being not from any of the ruling houses cannot ascend to the stool of Onigbin of Oke-Onigbin.

A declaration that Odo-Oja being one of the ruling houses from time immemorial can produce an occupant of the stool of Onigbin of Oke-Onigbin. A declaration that the…