BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Esuruoso v. Ogidi
  • 112
  • 2002-07-22
  • ₦ 200
  • Buy Now

Esuruoso v. Ogidi

J. S. ESURUOSO

A. ADIGUN

M. AGBABIAKA

OMO OBA FELA ONAFUWA

( Registered -trustees Of Ogun State Traditional Healers Association)

CHIEF MUSTAPHA ODEJAYI

( A.K.A. GBEBOLAJA )

V

ALHAJI AFOLABI AMBALI OGIDI

COURT OF APPEAL

( IBADAN DIVISION )

MORENIKEJI OMOTAYO ONALAJA, JCA ( Presided )

DALHATU ADAMU, JCA ( Read the Lead Judgment )

FRANCIS FEDODE TABAI

CA/I/124/95

THURSDAY, 21ST FEBRUARY, 2002

ACTION - Locus standi - Meaning and nature of - Importance of - Duty of court to give priority of consideration and determination to when raised

ACTION - Locus standi - How determined

ACTION - Locus standi - Plaintiff lacking - Effect thereof

APPEAL - Decision of trial court - When Court of Appeal will interfere therewith

APPEAL - Issues for determination - Issue framed by appellant - Whether respondent can frame different issue therefrom in the absence of a cross-appeal - When he cannot

APPEAL - Judgment of trial court - When perverse - Proper approach of appellate Court of Appeal thereto

APPEAL - Preliminary objection - Respondent raising same to an appeal Duty of to give appellant three clear days notice - Effect of failure to so do - Order 3 rule 15(1) Court of Appeal Rules 1981

CHIEFTAINCY MATTERS - Title of Basegun of Ijebu-Igbo - Whether a ‘recognised’ or ‘minor’ chieftaincy title within the prescribed authority of Oba of Ijebu Igbo under the Chiefs Law of Ogun State

COURT - Decision of trial court - When Court of Appeal will interfere therewith

COURT - Judgment of trial court - When perverse - Proper approach of appellate court thereto

COURT - Judicial powers of court - Duty on plaintiff invoking same

EVIDENCE - Proof - Onus of proof - On whom lies

JUDGMENT AND ORDERS - Judgment of trial court - When perverse proper approach of appellate court thereto

LOCUS STANDI - Determination of by court - How done

LOCUS STANDI - Meaning and importance of

LOCUS STANDI - Plaintiff lacking locus standi - Effect

PLEADINGS - Bindingness of

PRACTICE AND PROCEDURE - Judicial powers of court - Duty on plaintiff invoking same

PRACTICE AND PROCEDURE - Pleadings - Bindingness of

WORDS AND PHRASES - ‘Locus standi’ - Meaning of

Issues:

1.            Whether a respondent can still raise an issue not raised by the appellant or the grounds of which has been abandoned by the

said appellant.

2.            Whether the 1st - 4th appellants as trustees of the Ogun State Traditional Healers Association have locus standi to institute the action.

3.            Whether the title of “Basegun” (Head of Traditional Healers) can be regarded as a minor chief under the Chiefs Law of Ogun State, 1978, over which the first defendant is the prescribed authority.

Facts:

The dispute that led to the suit in the present case arose after the 1st defendant, Oba Adetayo Sani Kupa Kude IV, (who is now deceased) as the traditional ruler of Ijebu-Igbo appointed and installed the 2nd defendant (the respondent herein) as the Basegun of Ijebu-Igbo (i.e. the head of traditional healers).  Before the appointment and installation there was a tussle of leadership amongst members of the Ijebu-Igbo branch of Traditional Healers Association of Ogun State which tussle led to divisions and factions amongst the said members of the association.  The deceased traditional ruler then acted by appointing the respondent his own candidate which appointment instead of bringing an end to the tussle led to the present suit by other members of the association as its registered trustees who wanted the -5th appellant to be installed as the BASEGUN of Ijebu-Igbo.

At the conclusion of hearing the trial court dismissed all the claims of the plaintiffs. Aggrieved the plaintiff appealed to the Court of Appeal, which court considered the locus standi of the plaintiffs to institute this action at the trial court as raised by the preliminary objection in the respondent’s brief.