- Oyedeji v. Ayo
- ₦ 200
Oyedeji v. Ayo
CHIEF SHITTU AYO
COURT OF APPEAL
( ILORIN DIVISION )
M. AREMU OKUNOLA, JCA ( Presided and Read the Lead Judgment )
PATRICK IBE AMAIZU, JCA
WALTER SAMUEL NKANU ONNOGHEN,
12TH JULY, 2001
- Judicial power - In whom vests - Section 6(1), 1979 Constitution
COURT - Judicial power vested in courts and Tribunals - Scope of - Whether extends to traditional
rulers - Sections 6 (6) (b) and 236 1979 Constitution
Whether the trial court has any power to order the
parties to go to the Olofa for the determination of their case and whether the
Olofa has power to assume jurisdiction over the matter.
Whether the evidence before the court justifies the
dismissal of plaintiffâ€™s case.
Whether the trial court has not contradicted
itself in the final pronouncement that
the parties should abide by the decision of the Olofa of Offa.
as plaintiff at the lower court sued the respondent as defendant claiming for
himself and his entire family of Arole ruling house title to the land known and
called Lamodi at Offa.
At the trial,
the parties testified and also called witnesses. It was the contention of the
appellant that he inherited the disputed land through Oba Olusan, the late
Olofa of Offa, while the respondent claimed to own the disputed land through a
gift from oba Onilenla (the then Olofa).
At the end of
the trial the learned trial Judge in a considered judgment ordered the parties
to go back to the Olofa to seek further clarification from the Olofa as to the
ownership of the piece of the Lamodi land. The learned trial Judge further
stated that the decision of the Olofa shall be binding on the parties. And the
Judge concluded by dismissing the claim of the appellant.
Dissatisfied with the said judgment,
the appellant appealed to the Court of Appeal.