<p><strong> OGUNTADE JSC (Delivering the Lead Judgment): </strong> The dispute leading to this appeal arose out of succession to a minor chieftaincy in the old Ondo State (now Ekiti State). The present appellants (who are hereinafter described as the plaintiffs) commenced the suit on 20-6-90 at the Ikole-Ekiti High Court where they claimed against the three respondents (hereinafter described as the defendants) for the following:</p><p> “(a) A declaration that the first defendant is not and cannot ever be the Onisemo of Ikoyi-Ekiti under the native law and custom of Ikoyi-Ekiti.</p><p>(b) An order on the first defendant never to parade or hold himself out as the Onisemo of Ikoyi-Ekiti and on the second and third defendants never to recognise first defendant as the Onisemo of Ikoyi-Ekiti or allow him to function in that post in any manner whatsoever.” </p><p>The parties filed and exchanged pleadings after which Akinyede J. heard the case. The plaintiffs called four witnesses. Each of the 1st and 2nd defendants testified in sup…</p>