The Court of Appeal sitting in Akure on Wednesday ordered a lower court in Ondo state to review the suit challenging the installation of Jegun of Ile Oluji, in Ile-Oluji/Okeigbo local government area of Ondo State, Oba Oluwole Julius Olufaderin.
The Appeal Court issued a retrial order in the suit which was dismissed by an Akure High Court, saying the suit should be reinstalled into the registry of the court and assigned to another court for fresh trial.
The appellate court presided by Justices Olabisi Omoleye, Oziakpono Oho, and T. Y. Bashir in a unanimous decision held that the trial court erred to have declined jurisdiction in the trial of the first-class monarch and dismissed the suit for filing the case out of time.
In the judgment read on behalf of other judges by Justice Bashir, who said the trial of the monarch should not have dismissed the suit for filing out of time.
It will be recalled Oba Olufaderin was installed as the traditional ruler of Ile-Oluji in 2018 following the demise of the former occupier of the stool.
But the Jimoko Ruling Family whose turn is to produce the monarch of Ile-Oluji in Ile-Oluji/Okeigbo Local Government dragged the monarch to court over his qualification as a prince from the male lineage of the Ruling House.
In the suit filed by the counsel to the Ruling House, Otunba Olayinka Bolanle disowned the monarch as a member of the family whose turn is to produce the stool of Jegun of Ile-Oluji.
However, the trial court dismissed the suit for filing the case out of time and that the court lacked jurisdiction to hear the suit.
Irked with the outcome of the judgement, the Jimoko Ruling House asked the court to set aside the decision of the lower court and order for retrial.
The appellants prayed for “an order setting aside the decision of the lower Court contained in the ruling of Hon. Justice S. A. Bola dated 15 May 2018 and substituting therefore with an order dismissing the preliminary objections of each set of the defender /respondents.”
The appellants also asked for “an order remitting this case back to the Ondo State High Court with a direction that the suit be heard before any other Judge of the Court, other than Hon.Justice S. A. Bola.”
The main disagreement of the appellants who include Princes Akinladenu Aladegbamigbe, and Akinladenu Adekunle was that the Morgan Commission of Enquiry explained and prescribed that it is only aspirants from the male line that is allowed and nobody from the female line is allowed to be monarch of the town
Justice Bashir, however, agreed with the position of the Ruling House and returned the case file to the state High Court for retrial.
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