ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the lower court, coram E. O. Kowe J, delivered on 21/ 7/2003. The appellant was the 1st defendant at the lower court while the respondents were the plaintiffs. By a writ of summons and statement of claim dated 5th day ofNovember, 2002 and filed the same date, the plaintiffs/respondents claim against the defendants/appellants as follows: “(a) A declaration that the Obalaaye of Ejiyan is the head chief and or Oba of Ejiyan Quarters in Ipoti-Ekiti.
A declaration that it is the prerogative of the Ejiyan people and chiefs to select, appoint and install an Obalaaye of Ejiyan in accordance with their age-long customs and traditions. A declaration that no Olupoti in history had ever appointed or installed an Obalaaye of Ejiyan. Adeclaration that the 1st defendant is not a prescribed authority over the Obalaaye chieftaincy.
A declaration that the 2nd and 3rd defendants either acting alone or in concert with t…