AMAIZU, JCA: (Delivering the Lead Judgment) In June, 1990, the plaintiff/appellants (hereinafter referred to as the appellants) filed a suit in Ikole-Ekiti Judicial Division of the then High Court of Ondo State, claiming against the defendants/respondents (hereinafter referred to as the respondents) as follows -
“(1) A declaration that the first defendant is not and cannot ever be the Orisemo of Ikoyi-Ekiti, under the native law and custom of Ikoyi-Ekiti.
(2) An order on the first defendant never to parade or hold himself out as the Orisemo of Ikoyi and on the second and third defendants never to recognise first defendant as the Orisemo of Ikoyi-Ekiti or allow him to function in that post in any manner whatsoever.”
Pleadings were filed and exchanged. Thereafter, the trial commenced. The two appellants gave evidence for themselves at the trial. They also called two witnesses. The 1st and 2nd respondents filed a joint statement of defence. They gave evidence but called no witness. The…