Justice Muhammed Danjuma who presided over the court threw out the suit after the counsel to the monarch, Prince Adesoji Adedoyin had argued that the application filed by the plaintiffs, Agure/ Mokun families, have been overtaken by event.
The two families of Agure and Mokun of Akungba-Akoko had filed an application seeking to halt the installation Oba Ajimo as the traditional ruler of the town and also to stop parading himself as the monarch of the town pending the determination of the appeal arising from the decision of lower court which recognised the families as members of Ole Ruling House, whose turn is to produce the monarch of Akungba.
A High Court presided by Justice Fola Adeyeye had earlier recognized Agure/Mokun as part of Ole Ruling house.
But not satisfied with the judgment, Ajimoh family of Ole ruling house approached the Appellate court to upturn the verdict claiming that Agure/Mokun family is not entitled to the stool.
Oba Ajimo was however installed as the traditional ruler of the town during the pendency of the appeal, which prompted the families to set aside the appointment of Ajimo as the Alale of Akungba and all the steps taken in the appointment of succession to fill the vacant stool of Alale of Akungba during the pendency of the appeal.
Besides, the Agure and Mokun families sought the appellate court’s order to restrain the parties from performing any coronation ceremony in respect of any appointment made to fill the vacancy in Alale of Akungba Chieftaincy which was made during the pendency of the appeal.
The families however sought from the Court to restrain the state government from recognizing Oba Ajimo or anybody as Alale of Akungba until the final determination of the appeal before the court.
But when the hearing came up, counsel to the monarch, Prince Adedoyin said the prayers of the families have been overtaken by events.
The plaintiff counsel, Ashiru however agreed with the counsel to the monarch that the application had been overtaken by event and sought to withdraw the application, while Adedoyin said the proper action to be taken by the Court was to strike out the case so that the substantial appeal arising from the decision of Justice Fola Adeyeye that recognized Agure and Mokun families as part of Ole Family could be heard.
However, the Court consequently struck out the case.
After the striking out of the application, written addresses by Counsel to Agure mokun family, Ashiru and lawyer to Ajimoh Family, Prince Adedoyin the Presiding Judge, Justice Mohammed Danjuma said the date for the Appeal Court’s judgment would be communicated to the parties in the suit.
Oba Ajimoh has been installed as Alale of Akungba-Akoko by the state government in February this year after a protracted legal tussle and installation of two reagents by the traditional institution in the town.
The Alale stool became vacant since the demise of Oba Adekanye Omosowon joined his ancestors in December, 2003 and all efforts to install his successor had ended in legal dispute involving two families Agure/Mokun families and Ajimoh of Ole Ruling House.
and then