CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Ekiti State High Court Ado Ekiti Judicial Division delivered on 27th June, 2008 by J.O. Adeyeye, J. in which the learned trial judge dismissed all the claims of the appellants as plaintiffs.
The background facts are that the appellants instituted this action against the respondent and one late Patrick Adu as defendants. The claim before the trial court was as follows:-
a) "A declaration that Aro family of Aaye Quarters, Ilawe Ekiti has exclusive right to nominate candidates to fill the vacant posts of Aro, Inufinba, Bobajua, Akogun, Agbankin and all other chieftaincies in Aaro family of Aaye Quarters, Ilawe Ekiti.
b) An order of perpetual injunction restraining the defendant his privies or servants from nominating and or installing any candidate or candidates as Aro, Inufinba, Bobajua, Akogun, Agbaakin and all other chieftaincies in Aaro family of Aaye Quarters, Ilawe Ekiti".