A.O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal emanated from the Court of Appeal (Benin Division) where the appeal of the Respondents was upheld. This was as a result of the appeal of the Respondents to that Court against the decision of the High Court in suit No. UHC/9/88. In that suit, the respondents had by their writ of summons claimed for the following reliefs:-
"(1) A declaration that in accordance with the tradition, native law and custom of the Uwherun Clan, Ughelli Local Government Area of Bendel State, within the jurisdiction of this Honourable Court, the Senior Odion Uwherun is appointed from EROVIE Quarter and EROVIE only, and is not subject to rotation among the five quarters which make up Uwherun.
(2)A declaration that EROVIE Quarter is the only Ruling House in Uwherun Clan.
(3) A declaration that the purported appointment and subsequent gazetting of the 1st defendant from Ehere Quarter as the Senior Odion of Uwherun is contrary to Uwherun native la…