IKARE V. OLUKARE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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ADEGBITE, THE OWA-ALE OF IKARE

V.

ALASAN BABATUNDE, THE OLUKARE ODO

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

14TH DAY OF JULY, 1953

PRIVY COUNCIL APPEAL NO 9 OF 1951

2PLR/1953/12 (PC)

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OTHER CITATION(S)

2PLR/1953/12 (PC)

LEX (1953) – P.C. 09-1951

(1953) P.C. 09-1951

(1953) XIII WACA PP. 76 – 80

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BEFORE THEIR LORDSHIPS:

LORD PORTER,

LORD TUCKER,

LORD ASQUITH OF BISHOPSTONE,

THE CHIEF JUSTICE OF CANADA (MR. T. RINFRET),

MR. L. M. D. DE SILVA

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BETWEEN:

ADEGBITE, THE OWA-ALE OF IKARE — Appellant

AND

ALASAN BABATUNDE, THE OLUKARE ODO — Respondent

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ORIGINATING COURT(S)

Appeal from the West African Court of Appeal, W.A.C.A (Civil Appeal No. 3224/50, 13 W.A.C.A. 72).

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

CUSTOMARY LAW – CHIEFTAINCY MATTERS:- Claim to chieftainship – Validity of appointment and status of another chief challenged-Assertion of subsidiary claims also – Precedence and privilege having no monetary value – Jurisdiction of Court to entertain action considered

ADMINISTRATIVE LAW AND GOVERNMENT:- Appointment of Chiefs – Question as to level and privileges of Chief appointed – Implications for jurisdiction of Court

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PRACTICE AND PROCEDURE ISSUE(S)

JURISDICTION:- Jurisdiction of Court in Chieftaincy matters – How decided – Relevant considerations

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CASE SUMMARY

The appellant appealed against the judgment of the West African Court of Appeal which had allowed the respondent’s appeal and held that the Court had no jurisdiction to entertain appellant’s claim on the grounds that it was a suit challenging the validity of the appointment of a Chief and that the subsidiary claims were also solely related to procedure dignity or primacy which did not involve definite material rights.

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

Held that:

(1)    The question of jurisdiction could not be properly decided without ascertaining the facts. It was essential to ascertain what by native law and custom was the status of the respondent the Olukare.

(2)    The first question to be decided was whether the respondent was a subordinate chief of a quarter of Ikare or was he the head chief of the whole of Ikare.

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JUDGMENTS BY AREAS OF PRACTICE

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