MAHMUD MOHAMMED, J.S.C. ( Delivering the Leading Judgment): At the hearing of this appeal on 29th April, 2008, a notification of the death of Olayiwola Olawore and Chief Dr. A. O. Odeleye who were the 1st and 6th respondents respectively in this appeal, was received from their Counsel Mr. H. withdrew the appeal against them and consequently their names were struck out from the list of respondents accordingly. This left the 2nd , 3rd , 4th and 5th respondents as the respondents to the appeal.
This appeal has a chequered history. It originated from suit No. HOY/3/82 filed by the 1st Appellant along with three others as Plaintiffs in 1982 at the Oyo State High Court against the Governor of Oyo State and three other Defendants including the 2nd Respondent and claimed as follows -
"1. Declaration that the 1956 Baale of IIora Chieftaincy Declaration is the only valid Declaration in respect of the Baale of IIora Chieftaincy and that the present Kingmakers are the only persons entitled to sel…