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NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): These are further appeals by the 1st and 2nd defendants and by the 3rd defendant against the judgment of the Court of Appeal, Kaduna Division, which had dismissed their appeal from the judgment of the High Court of Kwara State, holden at Omu-Aran. In the High Court, the plaintiff's claim by a writ of summons, and later amended, was as follows:-
"1. A DECLARATION that Olokanle is the traditional head of Okanle and that Raimi Olawale having been so elected from the only ruling house in Okanle (Kosolu ruling house) in accordance with the tradition and custom of Okanle people.
2. A MANDATORY INJUNCTION against the 1st, 2nd and 3rd defendants (now the 1st and 2nd defendants only) compelling them, their agents/servants to recognize the plaintiff as the Olokanle of Okanle."
In his statement of claim, the plaintiff traced his genealogy from one Kosolu, the founder-of Okanle to Buraimoh Oyebode, and his own father, whom he said was the …