PRINCE HASSAN OYEDELE & ANOR V. BAALE SIDIKU BAMIGBOYE JIMOH

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice M. Abdulgafar of Kwara State High Court in Suit No. KWS/OM/8/2008, delivered on 23/6/2010. Appellants, who were the Claimants at the High Court, had made the following claims against the Defendant (now Respondent), as per their writ and Statement of Claim, filed on 7/4/2008:

"(i). a declaration that changing the head (bale) of Ajengbe to an Oba is unknown to Yoruba native law and custom

(ii) a declaration that under Yoruba native law and custom it is the founder of a settlement who owns the land by right of first settlement and who heads his settlement, as of right

(iii) a declaration that Oyedele Oke family or families who founded Akikii which later became (renamed) Ajenigbe (Ajengbe) who is or who are entitled to become the Oba of Ajengbe and NOT a later arrival or arrivals called Onpetu-Ode family or families who had for inexplicable reasons ruled Ajengbe Communi…