CHIEF EMMANUEL OGUNBADEJO VS OTUNBA A.L.A OWOYEMI
July 10, 2025FOLUSHO OLADELE VS THE STATE
July 10, 2025Legalpedia Citation: (1993) Legalpedia (SC) 88898
In the Supreme Court of Nigeria
Fri Jan 22, 1993
Suit Number: SC. 69/1991
CORAM
AUGUSTINE NNAMANI
ADOLPHUS GODWIN KARIBI-WHYTE
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
AYOOLA JUSTICE, SUPREME COURT
OLAJIDE OLATAWURA
NASIR, JUSTICE COURT OF APPEAL
PARTIES
ALHAJI AMODU OLALEYE OYEYEMI (HEAD OF LADEKAN RULING HOUSE OF IKIRE)MURANA LALEKECHIEF YINUSA ADEMOLA MOKOWAJOCHIEF C.A. OYENIRANKARIMU OGUNREMI (ALL REPRESENTING THE LADEKAN RULING HOUSE OF IKIRE)ALHAJI RAIMI OWOLABI (HEAD OF AND REPRESENTING ONISOKAN RULING HOUSE)ALHAJI RASAKIRASAKI OGUNLOWO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The representatives of ladekan ruling house claimed the Chieftancy stool of the Akire of Ikire but the trial court held that the Chieftancy declaration pertaining to the Akire of Ikire does not contain the true customary law of Ikire; aggrieved by the decision, the plaintiffs appealed to the Court of Appeal.
HELD
Appeal allowed
ISSUES
None
RATIONES DECIDENDI
PRINCIPLES OF COURT
“Once the court made a statement of its guiding principles, it was bound to follow them for, by such a statement of guiding principles, the court had set for itself a yardstick of measurement for its correct exercise of its discretion. Having set those criteria and standards for itself, for it to turn, as it were, somersault and decide on how to exercise its discretion without using them as acid tests for the correctness, or otherwise, of the exercise was to decide arbitrarily.” PER NNAEMEKA-AGU, J.S.C
REASON FOR AN ORDER TO MAINTAIN STATUS QUO
“The whole purpose of an order to maintain the status quo is to preserve the res, the subject matter of the litigation, from being wasted, damaged, or frittered away, with the result that if the appeal succeeds, the result would be nugatory in that the successful appellant could only reap an empty judgment.” PER NNAEMEKA-AGU, J.S.C
RELIEF OF INTERLOCUTORY INJUNCTION
“It is now the law that much as it has been accepted that it is useful to keep the relief of interlocutory injunction flexible and not subject to strict rules” PER NNAEMEKA-AGU, J.S.C
EXERCISE OF JUDICIAL DISCRETION
“It is of the very essence of the proper exercise of a judicial discretion that it be exercised in accordance with any relevant rules of law or practice and according t6 the rut” of reason and justice and not in accordance with private or whimsical opinion, humour, or sentiment” PER NNAEMEKA-AGU, J.S.C
CASES CITED
Shittu Ogunrenn v. Dada (1962) 2 SCNLR 417Hubbard & Anor. v. Vosper & Anor. (1972) 2 Q.B. 84H.L. Obeya Memorial Specialist Hospital & Anor. v. A.-G of the Federation & Anor. (1987) 3 NWLR (Pt.60) 325?
STATUTES REFERRED TO
None
