JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered by Bolaji-Yusuff, J. while sitting at the High Court of Justice, Ibadan in Oyo State of Nigeria on 30th January, 2003. The learned trial judge found the appellant's action premature and incompetent. The suit was struck out.
As plaintiff at the trial court, the appellant herein, claimed in paragraph 32 of the statement of claim as follows:
"(i) Declaration that the plaintiff is the person entitled to be appointed as the Baale of Atan Village.
(ii) Declaration that the appointment of the second defendant by the first defendant as Baale of Atan Community is wrong, unlawful, null and void in so far as the appointment was contrary to customary law, practice and usage and against the custom of Atan Community.
(iii) Declaration that the appointment of the 2nd defendant is wrong unlawful and it is also null and void as it was made when Suit No. I/411/98 ALABI ADEEYO WINSOLA v. BUSARI…