Facts:

In April 1991, Alhaji Aileru Jubril, filed a suit for himself and the family of Baale Sunmonu Okunoye against the respondent and Oba Saliu Alebiosu (Olupo of Ajasse Ipo) at the High Court of Kwara State for declarative and injunctive reliefs concerning the Baaleship of Ganmo, a town in Ifelodun Local Government Area of Kwara State. Alhaji Aileru Jubril died before the matter was heard and was substituted with Alhaji Salami Olori who also died during the pendency of the matter before being finally substituted with the appellant.

The claim of the appellant at the Kwara State High Court was that under native law and custom, the position or right to become the Baale of Ganmo is an exclusive preserve and right of the claimant’s family who are the direct male descendants of Baale Sunmonu Okunoye, the first Baale of Ganmo. The appellant further alleged that no other family in Ganmo was entitled to contest for and occupy the stool except their family and that the children, descendant or blood relation of the respondent are not entitled to become Baale of Ganmo under native law and custom. Among several reliefs, the appellant sought an order declaring as illegal, the appointment of the respondent as Baale of Ganmo via a letter dated the 17th day of October, 1990.

Furthermore, the appellant sought an order of the court directing the respondent to cease from interfering with the stool and to desist from parading, presenting, calling or introducing himself as the Baale of Ganmo. The respondent filed his defence and contended that as a matter of fact, it was his own great grandfather who founded Ganmo and that only his male descendants are entitled to become Baale of Ganmo. The matter went to trial and at the end of proceedings, judgment was delivered in favour of the appellant. The court held that the appellant had proved his case and was entitled to judgment. The court further held that the appellant and his family are the ones rightfully entitled to become Baale of Ganmo and that the respondent should cease from interfering with the stool.

The respondent was dissatisfied with the decision of the court and filed a notice of appeal at the Court of Appeal, Ilorin Division. After hearing the parties, the Court of Appeal decided in favour of the respondent and upheld the appeal. In delivering judgment in favour of the respondent, the Court of Appeal relied on exhibits which were decisions of the High Court of Kwara State delivered in 1985 and 1991 between the predecessors of the parties on the Baaleship of Ganmo. The court held that the decisions constituted estoppel per rem judicatam between the parties and that the appellant could not re-litigate the issues.

Furthermore, the court held that since the judgments in those cases were to the effect that the respondent’s family and male descendants are the rightful owners of the stool, and that since no appeal was filed against the decisions, the appellant was bound by the decisions and barred from raising any further issue on the matter. The court also held that the cause of action between the parties arose in 1978, and not in 1990 as alleged by the appellant, when the Igbomina Traditional Council resolved and recognised the respondent’s predecessor and family as the rightful owners of the stool and as such the matter was statute barred. The appellant was dissatisfied with the decision of the Court of Appeal and consequently filed a notice of appeal at the Supreme Court of Nigeria, Abuja.