PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of Gbadeyan J., of the High Court of the Kwara State of Nigeria, sitting at the Ilorin Division of the court. The judgment was delivered on the 11th day of July, 2002.
The plaintiff brought an action against the 1st and 2nd defendants claiming as follows:-
"(i) A declaration that he is the Alagar of Agar.
(ii) A declaration that the 1st defendant is not the Alagar of Agar in that he is not appointable since he is not a member of Abdul Salami family of Agar and,
(ii) his appointor has no power to appoint an Alagar and,
(iii) A perpetual injunction prohibiting the 1st defendant from parading himself as the Alagar and the 2nd defendant from so treating him."
Pleadings were filed and exchanged by the parties. At the trial, the plaintiff gave evidence for himself. He called one witness, his nephew. The 1st defendant gave evidence and called three witnesses. The trial judge after hearing the ev…