VENERABLE RICHARD O. TOYINBO & ORS V. H.R.H. OBA TIMOTHY OLUWAGBOHUN IBIYINKA & ORS

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice O.I.O Ogunyemi of the Ekiti State High Court of Justice sitting at Omuo-Ekiti, delivered on the 28th day of June, 2012. In the said ruling the learned trial Judge upheld the preliminary objection raised to the suit of the Appellant by the 3rd Respondent and thereby struck out the case of the Appellants. Aggrieved by that decision, the Appellant appealed to this Honourable Court.

The Appellant initiated this action through a writ of summons with its statement of claim and sought for the following reliefs against the Respondents jointly and severally;

a. Declaration that the 1st, 3rd, 4th and 5th Defendant have no basis either in fact or under customary law to propound three (3) ruling houses for the Alafe chieftaincy in Ilafe quarters of Ikun-Oba Ekiti in place of the hitherto existing two ruling houses.

b. Declaration that the Alafe chieftaincy have always been rotated be…