IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice O. Ajayi sitting at the Ilorin Division of the High Court of Kwara State whereby he granted all the reliefs sought by the Plaintiff. The said judgment was delivered on the 21st day of December, 2005. The Plaintiff (now Respondent) had in the lower court in his writ of summons and Further Amended Statement of Claim No.2 sought for the following reliefs: -
"i. That under native law and custom of Ganmo, the position of or the right to become Bale of Ganmo, is the exclusive preserve or right of the plaintiff's family who are the direct male descendants of the first Bale of Ganmo, Bale Sunmonu Okunoye.
"ii. 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.
"iii. That the children, descendants or blood relations of the defendants are not entitled to beco…