Oba J.O Aina & 1ORS Vs. Chief Israel Adebayo Dada & 1ORS, Judgment Delivered by Uwani Musa Abba Aji JSC, In SC.971/2017

SC.971/2017

JUDGEMENT 

DELIVERED BY UWANI MUSA ABBA AJI, JSC

My learned brother, Abubakar Sadiq Umar, JSC, availed me with the lead judgment for my comments before it was delivered. His sound reasoning and conclusion that the appeal is unmeritorious is concurred.

  The second Appellant and first Respondent are both claiming the position of the fourth in rank to the first Appellant among chiefs in Erinmope-Ekiti. The dispute that led to this suit between the second Appellant and first Respondent arose over the sharing of traditional meat and other items meant for the High Chiefs in Erinmope-Ekiti. The second Appellant got up from his seat, seized the portion of meat shared to the first Respondent. This act was resisted by the first Respondent, being an usurpation of his position, which resistance resulted in the manhandling and tearing of the first Respondent’s title clothes by the second Appellant. The dispute that arose could not be resolved, consequently the first Respondent instituted this action at the trial court, where he sought a declaratory relief to the effect that he is the fourth in rank to the first Appellant, while the second Appellant is the fifth in rank to the first Appellant in the hierarchy of chiefs in Erinmope-Ekiti. He also sought for an order of perpetual injunction to restrain the Appellants from doing any act that would suggest the second Appellant is senior to him. Two witnesses testified for the Appellants whilst two witnesses also testified for the Respondents, and several documentary exhibits were tendered. At the end of the trial, the learned trial judge found that the claimant/ first Respondent proved his claims through credible evidence and granted the reliefs sought. On appeal to the lower court by the second Appellant. It was dismissed, hence this appeal.

    The issue of seniority between the 2nd Appellant and 1st Respondent has been settled in favour of the 1st Respondent by credible evidence, which my learned brother in the lead judgment affirmed. Hence, the right to enjoy the 4th position inures in favor of the 1st Respondent, and he remains the senior of the 2nd Appellant in the hierarchy of High Chiefs in Erinmope-Ekiti. Similarly, the concurrence of the findings and decisions of the lower courts reinforce the seniority of the 1st Respondent over the 2nd Appellant. Therefore, the appeal is without merit.

UWANI MUSA ABBA AJI

JUSTICE, SUPREME COURT

APPEARANCES:

K.B.A BADMUS,ESQ., FOR THE APPELLANTS.

ROTIMI BUNMI ADABEMBE,ESQ, FOR THE RESPONDENTS.