CHIDI NWAOMA UWA, J.C.A. (Delivering The Leading Judgment): The appeal is against the judgment of the High Court of Kwara State presided over by M. A. Abdulgafar, J. delivered on the 14th day of November, 2012 wherein the action was struck out. The appellants who were the plaintiffs in the Lower Court were dissatisfied with the said judgment, consequent upon which they filed a notice of appeal containing six (6) grounds of appeal, pages 500 - 507 of the printed records of appeal.
The Appellants who sued in a representative capacity took out their writ of summons on the 30th day of January, 2006 against Mr. Azeez Agboola, Ifelodun Local Government, Moses Oguntola and Salawu Agbede Oguntola claiming among other things a declaration that the appointment and recognition of the 1st Defendant/Respondent as Oba of Agbeku by the Governor and Traditional Council was a violation of tradition and custom of Agbeku which recognized rotation among the ruling houses in Agbeku and a nullification of …