The Customary Court of Appeal, Ado-Ekiti, has dismissed an appeal against a verdict of the Customary Court, Otun-Ekiti, over the rightful owner of a shop at Ilaro Sreet, Otun-Ekiti.
The appeal followed a judgement delivered by President of the Trial Court, Mr. Kolawole Orejimi, Assessors; Chief J. A. Ajewole and Mrs. B. Y. Ojo, on March 27, 2024.
Appellants in the appeal are; Kayode Abidoye, Banji Abolarin and Mrs. Ashaolu while the respondent is; Mr. Olanrewaju Adebodun.
Reliefs sought from the Customary Court of Appeal are; an order setting aside the judgement of the lower court and dismissal of the claims of the respondent.
In his judgement on March 25, 2025, Hon. Justice Olufolakemi Ogundele of the Customary Court of Appeal, Ado-Ekiti upheld the ruling of the lower court, thereby dismissing the appeal in its entirety.
Resolving the issue in favour of the respondent, Justice Ogundele opined that; “the decision of the court below was correct and did not occasion a miscarriage of justice”.
Supporting the lead judgement, other members on the panel, Hon. Justice Lawrence Ojo and Hon. Justice Rotimi Adegboye, admitted that the appeal lacked merit.
In an earlier judgement delivered on March 5, 2025, the Customary Court of Appeal, Ado-Ekiti, threw out an appeal on the grounds of incompetent notice of appeal.
The appeal was instituted following the judgement of the Customary Court, Oye-Ekiti, over the declaration of title to land over a parcel of land located opposite Happy Heart Hotel, Ifaki Road, Ayegbaju Ekiti, Ekiti State.
Ruling in favour of the respondent, Hon. Justice Lawrence Ojo asserted that; “the purported notice of appeal filed on September 24, 2024, was out of time and no leave was sought and obtained for an extension of time withing which to appeal for purpose of regularizing the defective documents. The consequential effect is, there is no valid appeal before this court. Therefore, in the absence of any initial valid and competent notice of appeal filed, any subsequent act done amounts to nothing. You cannot build something on nothing and expect it to stand. The entire structure, if any will surely collapse.”
The judge noted that the appellant had 14 days to file the Notice of Appeal after the judgement of the Trial Court, but waited for another 13 days after the time allowed by law had elapsed.
The judgement followed an appeal filed by the appellant, Segun Owolabi, against the ruling of Oye-Ekiti Customary Court delivered on August 28, 2024.
Other members of the panel; Hon. Justice Olufolakemi Ogundele and Hon. Justice Rotimi Adegboye, also knocked out the appeal.