ALHAJI AILERU JUBRIL V. ALHAJI ABDULLAHI ATANDA KOLAWOLE & ANOR

MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Gbadeyen J. of the then Omu- Aran High Court of Justice of Kwara State delivered on 18/6/92 striking out suit No. KWS/OM/5/91 filed in that court by the appellant who was the plaintiff against the respondents.

The claims of the appellant as contained in the writ of summons are for the following declarations and an injunction.

"1 That under native law and custom of Ganmo the position of or the right to become Bale of Ganmo is the exclusive preserve of the plaintiff's family who are the direct male descendants of the first Bale of Ganmo Bale Sunmonu Okunloye.

2. That there is no other family other than that of the plaintiff who are entitled to contest for and occupy the stool of Bale of Ganmo under the native law and custom.

3. That the children, descendants or blood relation of Junadu Kolawole are not entitled to become the Bale of Ganmo under the native law and custom of Ganmo the…