JUMMAI HANNATU SANKEY, J.C.A. (Delivering the leading judgment): This is an appeal against the Ruling of the High Court of Justice of Kwara State sitting at Omu-Aran, Coram: Bamigbola, J. delivered on 8th May, 2007 in which the Court dismissed the preliminary objection filed by the 1st Defendant/Appellant herein against the jurisdiction of the trial High Court to hear and determine the Claimants' (1st to 3rd Respondents herein) suit. The Claimants, who sued in a representative capacity claimed, among other things, a declaration that the appointment of the 1st Defendant/Appellant as Oba of Agbeku was a violation of the tradition and custom of Agbeku which recognized rotation among the Ruling houses in Agbeku, and a nullification of such appointment, with a permanent injunction restraining the 2nd defendant from recognizing the said 1st Defendant/Appellant as Oba of Agbeku. The learned trial Judge held thus at page 172 of the record of the Court:
"The argument on the objection is theref…