The Court of Appeal, Akure Division, on Wednesday, overturned the verdict of an Osun State High Court which affirmed Prince Abayomi Olubuji of Aga ruling house as the Obalufe of Ile-Ife.
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Obalufe is the second in Command to Ooni of Ile Ife.
Justice Yusuf Bashir, who delivered the judgment of the panel of justices, said that the matter, which he described as hostile, should have been commenced by writ of summon and not by originating summon.
He said that the form of commencement of the case in the lower court was wrong.
According to the judge, the trial court ought not to have assumed jurisdiction over the matter without asking the parties to file pleadings.
He said that the lower court gave judgment based on assumptions without going into the details of the matter.
Bashir, therefore, struck out the verdict of thr lower court and declared Oba Idowu Olaniyi Adediwura, as the Obalufe of Ile Ife.
Reacting to the verdict, Mr Abdulkadir Orire, the lead counsel for the appeallants, said that the appellants approached the court having found error in the lower court’s ruling.
Orire said that the appellants were ready if the respondent wanted to challenge the verdict in the Supreme Court.
In his remarks, Mr Edmund Biri-Omoni, the respondent’s counsel, said that he would consult his clients to know the next line of action.
Also speaking to newsmen, Oba Idowu Olaniyi Adediwura, the validated Obalufe, appreciated God for the victory.
He said that the Ooni, Oba Adeyeye Ogunwusi, had made several efforts to settle the matter between the two parties without any result.
Oba Adediwura said that he would extend a hand of fellowship to the respondent and ensure peace reign in Ile Ife.
” I have nothing to do than to draw them closer. They are still my brothers and sisters,” he said.
The respondent, Prince Abayomi Olubuji, is from Aga Ruling House while Adediwura is from Ajagbusi Ruling House.( NAN)
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