The Customary Court of Appeal, Ado-Ekiti has affirmed the judgment of Customary Court, Ikere Ekiti, in a suit between Mrs. Dupe Okunola and Anor and Mr. Dele Okunola and others.
The appeal was based on the legitimate and customary ownership of a parcel of land at Alayo, Kogun, Igbo Ijan in Ikere Ekiti.
The earlier judgment was delivered on October 24, 2023, by President of the Ikere Customary Court, Dr. Mrs. O. B. Akomolede; Assessors – Hon. T. Orisameyiti and Mr. J. Alade.
Dissatisfied with the trial court’s verdict, the appellants, Mr. Dele Okunola and others, through their counsel, M. A. Daramola, sought 2 reliefs which are; an order of the Customary Court of Appeal of Ekiti State, setting aside the earlier judgment, as well as upholding the appeal against the Judgment delivered by the lower court.
On his part, The respondent, Mr. Ojo Okunola, who was legally represented by; A. O. Okeya and B. I. Ogunsemi, formulated only one issue for the determination of this Court, which is; “Whether the grounds of appeal and the issues raised by the appellants have evidential value for this appeal to succeed.”
Reading the lead judgment on October 7, 2024, Hon. Justice Olufunke Ogundele, resolved in favour of the respondent, thereby quashing the appeal filed by the appellant.
According to her; “the proceedings of Customary Courts are to be considered upon a broad view as to whether they were conducted in pursuit of the justice of the case presented by both parties.
“Appellate Courts are to consider the substance of the proceedings of a Customary Court liberally and this is done by reading the record to understand what the proceedings were all about so as to determine whether substantial justice has been done to the parties within the procedure permitted by such courts.
“In the final analysis, having resolved all the issues in favour of the Respondent and against the appellant, the judgment of the Customary Court Ikere-Ekiti in Suit No: IK/CC/15/2022 between Mrs. Dupe Okunola & Anor V Mr. Dele Okunola & 2 Ors delivered on the 24th day of October 2023 by Mrs. O.B Akomolede, is hereby upheld.” His lordship submitted.
In their supporting judgment, President of the Customary Court of Appeal, Ado-Ekiti, Hon. Justice Monisola Abodunde, and Hon. Justice Rotimi Adegboye, also agreed that the lower court ruling be upheld.
