ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State, Eruwa Judicial Division, delivered on the 31st day of July, 1997. The plaintiffs before the trial Court in an action filed as suit No.HER/2/90, Emmanuel Adekunle for himself, and on behalf of the Tella ruling house of the Oloba family of Aiyete sued the Governor of Oyo State and Olalere Akinteye from the Oloba family of Idere - before the High Court at Eruwa. The facts which precipitated into this action were that sometime in 1986, there were two contestants to the vacant stool of Oloba of Oba; Oba being a village in the then Ibarapa Local Government, now Ifeloju Local Government of Oyo State. Oloba of Oba, itself is a minor chieftaincy, to which Part IT of the Chiefs Law of Oyo State, 1978, does not apply. It is a vast area of land between Idere and Aiyete - which makes the Oloba chieftaincy itself a land owning title. The two claimants to the chieftaincy are the …