HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice M. A. Agbelusi of the Ekiti State High Court sitting at Ido-Ekiti delivered on 26/5/2005. The facts that led to this appeal are as follows:
The Appellant was the Plaintiff in the court below. Pleadings were filed wherein the Appellant as Plaintiff, sought the following reliefs:
"(a) A declaration that the Plaintiff is a Senior Chief in rank to the 2nd Defendant as the 4th in rank to the 1st Defendant while 2nd Defendant is 5th in rank and that the Defendants cannot in collusion usurp the rightful position of the Plaintiff or change the order of seniority of hierarchy (sic) as contained in the Morgan Commission Report and accepted by Government and which position represents the custom and tradition of Erinmope Ekiti from the immemorial (sic).
(b) An order restraining the 1st and 3rd Defendants their agents, (sic) servants and or privies from doing any act of commiss…