JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):
This appeal is against the judgment delivered on 6th January, 2004 in the High Court of Osun State in the Ila-Orangun Judicial Division holden at Ila-Orangun. The appellants were the plaintiffs in the High Court. The Respondent and two others whose names were later struck out from the case at the lower Court were the defendants.
The claim of the Appellants at the lower Court was for the following:
(a) Declaration that the Olagbua branch of the Obaala chieftaincy family is part and parcel of the Obaala chieftaincy family.
(b) Declaration that the Olagbua branch of the Obaala chieftaincy family being a part and parcel of the Obaala chieftaincy family is entitled to have a say in the nomination and/or selection of the candidate to fill the vacant stool of the Obaala chieftaincy.
(c) Declaration that the nomination and selection of the first defendant as the candidate to fill the vacant stool of Obaala Chieftaincy is wrongful, in b…