CORAM

UMARU ATU KALGO JUSTICE, SUPREME COURT

PARTIES

ALHAJI JIMOH AROWOLO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st respondent/plaintiff, claimed against the original appellant/defendant, jointly and severally for and on behalf of Adogun-Atele family a Declaration that under the hereditary customs and traditions of Itele Town, only the Adogun-Atele family comprising four ruling houses are eligible to hold the chieftaincy title of Oba of Itele first held by the plaintiff’s ancestor, declaration that the 1st defendant not being a descendant of Adogun-Atele within any of the four ruling houses is ineligible to hold the title of Oba of Itele,  and Injunction restraining the 1st defendant from occupying the stool of Oba of Itele and from exercising the powers or performing the duties attached to the chieftaincy title of Oba of Itele. Judgment was in favor of the plaintiff at the trial court and Court of Appeal. The appellant further appealed to the Supreme Court. Before the appeal could be heard, the original defendant died. Members of his family therefore brought a motion to the Supreme Court to substitute for and on behalf of their ruling House.

HELD

The motion was granted. ?

ISSUES

Whether Oba Jimoh Arowolo who was sued in his personal capacity at the high court with regards to the chieftaincy stool can be substituted by a member (s) of his chieftaincy family after his death. ?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

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