PRINCESS BILEWU OYEWUNMI & ANOR. V. AMOS OWOADE OGUNESAN

OBASEKI, JSC (Delivering the Leading Judgment): This appeal concerns land at Ogbomoso and raises the important issue of the customary law governing land ownership among the indegenes of Ogbomoso. The importance of this issue lies in the fact that the traditional Ruler of Ogbomoso who goes by the title of The Shoun of Ogbomoso figures prominently in this litigation and contends that under the Ogbomoso customary law, all lands except those already granted or transferred by himself or his predecessors in office are vested in him as Shoun to the exclusion of all other persons. He agreed with the contention of the respondents that there are five Ruling Houses each with vested right of producing a candidate for the office of Shoun in rotation but debunks and vehemently opposes the contentions of the respondent that each of these Ruling Houses own and controls large tracts of land since the 1st Shoun Ogunlola. His adherence to the concept of Shoun's ownership of all lands (even though in tru…