NELSON OLORUNNIMBE GBAFE V. PRINCE FRANK GBAFE & ORS.

ADIO, J.S.C. (Delivering the Leading Judgment): In the Igarra Judicial Division of the High Court of the defunct Bendel State of Nigeria, the respondent and one other person, as plaintiffs, for themselves and on behalf of their family known as Imiokposokeke family in Atte, Akoko-Edo Local Government Area, brought an action against the appellant and the 2nd to 4th respondents. The claim was as follows:

"Declarations:

(1) That it is the turn of the Imiokposokeke family in the Imioveka ruling house, Atte, to produce, instal or appoint, as the case may be, a candidate to fill the vacant stool or title of Ogiewa of Atte Clan, Akoko-Edo Local Government Area, Bendel State of Nigeria in accordance with the Traditional Rulers and Chiefs Edict, 1979.

(2) That the first plaintiff, Prince Francis Gbafe, the nominee of the Imiokposokeke family is the right person to the title or stool of Ogiewa of Atte in accordance with the current Traditional Rulers and Chiefs Edict 1979 regulating succession …