CHIEF SALIU AGARA & ORS. V. CHIEF YINUSA AGUNBIADE & ORS.

I.M.M. SAULAWA, JCA, (Delivering the Leading Judgment): The present appeal is against the judgment of the Lagos State High Court, Ikeja Judicial Division which was delivered on January 26, 2009 by the Hon. Justice H.A.O. Abiru. By the said judgment, the lower court granted all the reliefs sought by the Respondents in Suit No. IKD/73/05, and accordingly dismissed the Appellants' counter-claim in the entirety thereof.

FACTS AND CIRCUMSTANCES LEADING TO THE APPEAL:

On November 18, 2005 the Respondents filed both a writ of summons (registered as Suit No. IK/73/05) and a statement of claim in the court below seeking various reliefs against the Appellants. By the statement of claim thereof, the relief sought by the Respondents' against the Appellants are to the following effects:

(o) A decoration that the installation of the 2nd Defendant as the Head of Olofin Chieftaincy family, by the 1st Defendant, with the connivance of the 3rd, 4th, 5th and 6th Defendants is null and void and of no ef…