AGUBE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Ekiti State in suit HCL/33/2003 delivered by D.O. Jegede J. on 3 July 2006 whereby judgment was given in favour of the plaintiff/respondent. The plaintiff/respondent had in both his writof summons and statement of claim, which can be found at pages 2 and 6 of the record of proceedings of the lower court, claimed as follows: “(a) A declaration that by the native law and custom of ltapa Ekiti, Obaloke of Oroke Community, chieftaincy title has its traditional roots in lkole Ekiti.
A declaration that the Elekole of lkole Ekiti is the only competent person to approve the appointment of any candidate as the Obaloke of Oroke Community, ltapa Ekiti.
A declaration that the plaintiff is the recognized Obaloke of Oroke Community ltapa Ekiti, his appointment having been made with the concurrence and approval of the Elekole of Ikole Ekiti.
A perpetual injunction against the defendant from …