S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The appellants were plaintiffs at the trial High Court asking for declaration that the plaintiffs' family are the ruling house to present a candidate for the vacant stool of Baale (Asundunrin) of lsundunrin. The chieftaincy of Baale Isundunrin was previously recognised but later derecognised to a minor chieftaincy under the prescribed Authority of Elejigbo (Ogiyan) of Ejigbo in 1976. Under the native law and custom of Isundunrin which found legality in a declaration by virtue of S. 4(2) Chiefs Law 1957 was made on 13th August 1958 (see Declaration of Customary Law Regulating the selection of Baale of Isundunrin 1958). The declaration identified five ruling houses of Isundunrin as follows:
I. Mobile
2. Ogunlanade
3. Ibitan
4. Ogundare
5. Tanpe
The order in the declaration is the succession line. At the time of 1958 declaration, the incumbent Baale was Fagbemi Oloyede who belonged to Tanpe Ruling House; he died in 1962. Oloyede wa…