Customer Support

OGUNDARE & ANOR
V.
OGUNLOWO & ORS

(1997) JELR 45392 (SC)

Supreme Court 30 May 1997 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellants sought a declaration at the trial High Court asserting their right, as the Ogundare Ruling House, to present a candidate for the vacant stool of Baale (Asundunrin) of Isundunrin, relying on native law and custom and the 195

Case Details

Suit Number:SC.25/1994
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:P.O. Jimoh-Lasisi, Esq For Appellant Chief O. Afolabi, Esq.Isiaka O. Adeleke, Esq. (Senior State Counsel, Ministry of Justice, Osun State) For Respondent
Other Citations:Ogundare v Ogunlowo (1997) 6 NWLR (Pt.509)

S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The appellants were plaintiffs at the trial High Court asking for declaration that the plaintiffs' family are the ruling house to present a candidate for the vacant stool of Baale (Asundunrin) of lsundunrin. The chieftaincy of Baale Isundunrin was previously recognised but later derecognised to a minor chieftaincy under the prescribed Authority of Elejigbo (Ogiyan) of Ejigbo in 1976. Under the native law and custom of Isundunrin which found legality in a declaration by virtue of S. 4(2) Chiefs Law 1957 was made on 13th August 1958 (see Declaration of Customary Law Regulating the selection of Baale of Isundunrin 1958). The declaration identified five ruling houses of Isundunrin as follows:

I. Mobile

2. Ogunlanade

3. Ibitan

4. Ogundare

5. Tanpe

The order in the declaration is the succession line. At the time of 1958 declaration, the incumbent Baale was Fagbemi Oloyede who belonged to Tanpe Ruling House; he died in 1962. Oloyede wa…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.