NONYEREM OKORONKWO, JCA(Delivering the Leading Judgment): By a "2nd further amended statement of claim", the appellant herein, as claimant in the High Court of Justice of Ogun State at Sagamu, claimed against respondent as follows;
1. Declaration that;
a. According to Yoruba native law and custom and according to the Chiefs Law of Ogun state, Cap 20, the appointment and occupation of the Royal stool of Simawa by the 1st defendant is null, void and of no effect.
2. A perpetual injunction restraining the 1st defendant from parading himself as Oba of Simawa.
3. A perpetual injunction restraining the 2nd and 3rd defendants their agents or privies from recognizing the 1st defendant as the Oba of Simawa.
By his pleadings, the appellant who sued as head of Gunsenemo Royal Family avers that by tradition it was originally appellants' family that always occupied the Baaleship of Simawa until the inclusion of the Royal Families of Ajenukan and Nuren.
Appellant pleads that the 1st defendant is n…