ABBA-AJI JCA (Delivering the Lead Judgment): The appellant as the plaintiff instituted an action against the respondent as the defendant at the High Court of Ondo State sitting at Okitipupa wherein the appellant claims the following reliefs:-
A declaration that the plaintiff is the Ogoro Oloja of Oluagbo in Ilaje/Ese-Odo Local Government Area of Ondo State. Perpetual injunction restraining the defendant from parading himself as the Oloja of Oluagbo in Ilaje/ Ese-Odo Local Government Area of Ondo State.
Pleadings were duly filed and served. The appellant’s case was that in Apoi Igbobini custom, a new chieftaincy could be created by a familywho wants such chieftaincy with the approval and/or consent of the Olu of Igbobini who is the paramount ruler of Igbobini kingdom.
According to the appellant, Ogoro family to whom he is a member, is the founder of Oluagbo. That the Ogoro family met on the 1st of December, 1990 to create a new chieftaincy of Ogoro Oloja of Oluagbo in the family. Having…