CHINWE IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Osun State holden at Ile-Ife delivered by Babalola J. on the 23rd day of May, 2005. The appellants for themselves and on behalf of Aguro/Arode Olagbaju family sued the defendant (now respondent) claiming the following reliefs
1. A declaration that the defendant is not entitled under native law and custom of Ife to inherit from the real or personal properties of Aguro/Arode Olagbaju in Ife
2. A declaration that the ancestor of the defendant is not entitled under native law and custom of Ife to inherit from either real or personal properties of the plaintiff's ancestors
3. An order of perpetual injunction restraining the defendant his servants agents and privies from molesting the plaintiffs' family and tenants from peaceably enjoying the use of their real or personal properties inherited by the plaintiff from their ancestors.
Parties filed and exchange pleadings. The de…