CORAM
S.M.A BELGORE JUSTICE, SUPREME COURT
M.E OGUNDARE – JUSTICE, SUPREME COURT
M.E OGUNDARE JUSTICE, SUPREME COURT
E.O OGWUEGBU
S.U ONU
PARTIES
CHIEF OYELAKIN BALOGUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
the Plaintiff (who is the appellant) claimed against the defendants (now respondents) for a declaration that the installation and/or Coronation of the 1st Defendant , an order Setting aside the appointment of the 1st defendant as Olowu of Orile-Owu which was approved by the 2nd defendant. A perpetual injunction restraining the 1st Defendant, his servants, privies and agents from performing the functions, duties and rites attachable to the stool of Olowu of Orile-Owu. ?
HELD
That all the ingredients of a plea of res judicata having been satisfactorily established by the defendants ?
ISSUES
1. whether the plaintiff was estopped per rem judicatam from instituting his action, and2. whether the 1st defendant is qualified to be appointed Olowu of Orile-Owu, that is, whether he is a member of the Afelele Ruling House.
RATIONES DECIDENDI
DETERMNINIG WHETHER AN ORDER IS FINAL OR INTERLOCUTORY
It is trite law that it is by looking at the order made and not the nature of the proceedings that the question is determined whether the said order is final in that it finally determines the rights of the parties, or interlocutory.- Per Michael Ekundayo Ogundare, JSC
CASES CITED
Abubakri & Ors. v Smith & Ors. (1973) 6 S.C. 31 at 44Elekwanwa Anero & Ors v Eburunobi Eze & Anor SC 176/1988Moses Olayioye v Adejobi Adedosu (1986) 2 NWLR (Pt. 27)Prince Asiru Maradesa v. Governor of Oyo State
STATUTES REFERRED TO
The Chiefs Law Cap. 21 Laws of Oyo State (1978)The Evidence Act, Cap. 112 Laws of the Federation of Nigeria, 1990?