HARUNA MOH'D TSAMMANI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of C.A. Akintayo J. of the Ekiti state High court sitting at Ado-Ekiti delivered on the 31st day of March, 2008 wherein he granted all the reliefs sought by the 1st and 2nd Respondents, who were Plaintiffs at the lower court. The 3rd, 4th, 5th, 6th, 7th, 8th and 9th Respondents in this appeal were the 5th, 6th, 7th, 8th, 9th, 10th and 11th Defendants at the lower court.
From the record of appeal, the claim of the 1st and 2nd plaintiffs (1st and 2nd Respondents) as contained in their statement of claim is as contained in paragraph 50 of the statement of claim. Therein, they claimed as follows:
1. Declaration that under the Customary Law regulating appointment of the Owa of Oke Ako Chieftaincy, there are two Ruling Houses for the chieftaincy the identity of which are Aofin and Okediosan Ruling Houses.
2. Declaration that upon the demise of the late Oba J.O. Ogunbiyi from Okediosan Ruli…