JACOB OYEBAMIJI OKENIYI (SUBSTITUTED BY ORDER OF COURT DATED 17/1/2001) AMOS OJO JOSEPH OYELOLA (FOR THEMSELVES AND ON BEHALF OF OLUDE SECTION OF ONPETU CHIEFTAINCY FAMILY) V. MOGAJI ODEDEJI AKANBI (SUBSTITUTED BY ORDER OF COURT DATED 17/1/2001) FOR HIMSELF AND ON BEHALF OF RULING HOUSE OF ONPETU CHIEFTAINCY FAMILY. MOGAJI OYELEYE OYENIYI (SUBSTITUTED BY ORDER OF COURT DATED 17/1/2001) FOR HIMSELF AND ON BEHALF OF OSEKUN RULING HOUSE OF ONPETU CHIEFTAINCY FAMILY. MOGAJI AJAMU OJO (SUBSTITUTED BY ORDER OF COURT DATED 17/1/2001) FOR HIMSELF AND ON BEHALF OF OLUYA RULING HOUSE OF ONPETU CHIEFTAINCY FAMILY. MOGAJI SAMUEL OYETUNDE (SUBSTITUTED BY ORDER OF COURT DATED 17/1/2001) FOR HIMSELF AND ON BEHALF OF ATOYEBI RULING HOUSE OF ONPETU CHIEFTAINCY FAMILY.

ADEKEYE, JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Justice Oyo State, Ibadan Judicial Division in suit No HOS/34/87 delivered on the 25th of January 1990. In the lower court, the appellants, as plaintiffs, claimed as follows:

Declaration that the Olude Family of which the plaintiffs are members is a section and/or member of the Onpetu Chieftaincy

Family of Ogbomosho.

Adeclaration that as a section of the Onpetu Chieftaincy family , the members of the Olude section are entitled to the benefits and/or full rights as members of the Onpetu Chieftaincy family.

A declaration that any member of the Olude section of the Onpetu Chieftaincy family of the male descent is entitled to be nominated, selected and or installed as the Onpetu and - An injunction restraining the defendants by themselves, their privies, agents, servants whatsoever from disclaiming the members of Olude section of the Onpetu Chieftaincy family and from denying them their rig…