CASE TITLE: SIKIRU v. ODUBIYI & ORS (2025) LPELR-80805(CA)
JUDGMENT DATE: 2ND APRIL 2025
PRACTICE AREA: CHIEFTAINCY MATTERS
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Chieftaincy Matters.
FACTS:
This is an interlocutory appeal against the Ruling of the High Court of Justice, Oyo State, at Iseyin Judicial Division.
The facts birthing this appeal can be summarized thusly: the Appellant (Claimant at the Trial Court) instituted this suit at the trial Court challenging the appointment of the 2nd Respondent (2nd Defendant at the Trial Court) to the vacant stool of Ikolaba of Iseyin. Wherein the Appellant commenced the action against the Respondents via a Writ of Summons. The 1st and 2nd Respondents joined issues with the Appellant.
After the exchange of pleadings between the parties, the 1st Respondent filed a Notice of Preliminary Objection. The essence of the Notice of Preliminary Objection was that the trial court lacks jurisdiction to entertain the matter because the Appellant did not fulfill the condition precedent before instituting the suit. However, in opposition to the Notice of Preliminary Objection, Counsel to the Appellant filed a written address. Following the hearing of the Notice of Preliminary Objection filed by the 1st Respondent before the trial court, the trial Judge delivered a ruling dismissing the Appellant’s claim by granting the preliminary objection.
The Appellant is therefore aggrieved with the whole ruling and thus appeals to the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court adopted the sole issue formulated by the Appellant, viz:
“Whether or not the Appellant has fulfilled the conditions precedent set out under Section 22 of the Chiefs Law Cap. 28, Laws of Oyo State of Nigeria, 2000, before the commencement of this suit as to confer the trial Court jurisdiction to entertain the Appellant’s claim.”
DECISION/HELD:
In conclusion, the Court dismissed the appeal.
RATIOS:
- CHIEFTAINCY MATTERS – CHIEFTAINCY DISPUTES – Whether the Chiefs Law of Oyo State violates the right of access to courts
- ACTION – CONDITION PRECEDENT – Effect of non-compliance with condition precedent
- INTERPRETATION OF STATUTE – LITERAL RULE OF INTERPRETATION – Fundamental principles of interpretation of statutes where the words used are clear and unambiguous
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