MUNTAKA-COOMAISSE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Ondo State High Court, Coram Obaremo, J. delivered on 14th January, 2002. The plaintiff before the High Court, now appellant, claimed against the defendants, now respondents, the following declaration as per their amended statement of claim dated 1/ 7/1992:
“(i) A declaration that the purported approval of the 1st defendant as Osemawe of Ondo, published in the official Gazette, Chiefs Edict No. 11 of 1984, dated 17th October, 1991, is ultra vires void and of no effect whatsoever.
(ii) A declaration that the purported appointment of the 1st defendant as Osemawe of Ondo is contrary to the custom appertaining to the chieftaincy, void and of no effect.
(iii) Order restraining the 1st defendant from parading himself as Osemawe of Ondo.”
Pleadings were ordered and filed.
Issues were neatly joined. The case proceeded to trial in earnest. The plaintiff, Prince Francis Gbadebo Adewole, testifi…