U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Ibadan Division. The issue in dispute is succession to the stool of Owa of Otan-Aiyegbaju. The claim of the 1st and 2nd plaintiffs, who are respondents in this appeal, is as follows:
"1. That pursuant to the Olota chieftaincy declaration of 1957, it is only the Olasuka ruling house that is entitled to present the next candidates to the Otan-Aiyegbaju kingmakers, for appointment as the next Owa of Otan-Aiyegbaju.
2. That the 2nd plaintiff being the only candidate, from Olasuka ruling house, that was presented to the 3rd, 4th, 5th, 6th, 7th and 8th defendants as the kingmakers of Otan-Aiyegbaju is the lawful and legitimate Owa-elect of Otan-Aiyegbaju.
3. That the 9th defendant, being one of the sons of the immediate past Owa of Otan-Aiyegbaju, His Highness, Oba G.A. Oyejobi Adeniran, Owa Olamodi II, from the Olamodi ruling house, is not entitled to be appointed the Owa-ele…