CHIEF J. O. EDEWOR V. CHIEF M. UWEGBA & ORS.

NNAMANI, J.S.C. (Delivering the Leading Judgment): In this suit which emanated from the Orerokpe Judicial Division of the High Court of Bendel State, the Plaintiffs/Respondents (hereinafter known as respondents) had claimed against the Defendant/Appellant (hereinafter known as Appellant) and the Defendants/Respondents in these terms:

"(a) a declaration that in accordance with the age long tradition, native law, custom, the usages and the Constitution of the Agbon Clan, the tenure of office of the Otota of Agbon terminates automatically, on the demise of the Ovie of AGBON subject to his remaining in office until the next Ovie and the next Otota are named and installed;

(c) a declaration that in accordance with the tradition, native law, custom, the usages and the constitution of the Agbon Clan, when an Otota dies before the Ovie, it is the right of the said deceased Otota's sub-clan to elect a new Otota to hold office for the duration of the life of the Ovie;

(d) a declaration that th…