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D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division delivered on the 29th of November, 2004, whereby the appeal to that court filed by the plaintiffs, the respondents herein, was allowed. The Court of Appeal set aside the ruling of the trial court striking out the case of the plaintiffs by upholding the preliminary objection raised by the defendants, the appellants herein, challenging the competence of the plaintiffs' action on the ground that it was statute barred.
I think it is desirable at this stage in order to appreciate the issues canvassed in this appeal by the parties to look at the facts that gave rise to the dispute between the parties leading to the present litigation. On the 17/1/1958, the Chieftaincy Committee of Ekiti Southern District Council, which was the designated authority, at that time, made a declaration of Customary Law regulating the nomination and the selection of the Arajaka of …