M. BELLO, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the former Western State Court of Appeal in which the judgment of the High Court was affirmed.
In the High Court of the former Western State, sitting at Abeokuta, the present appellants as plaintiffs instituted Suit No. AB/46/71 claiming against the present respondents as defendants the following: -
"1. A declaration that the first Plaintiff, Alhaji Salami Katibi Opebiyi is the duly appointed Chief Imam of the Central Mosque, Igbogila;
2. A declaration that the first Defendant, Sakariyawu Kelani Noibi is not the Chief Imam of the Central Mosque, Igbogila; and
3. An injunction restraining the said 1st Defendant or any of the other defendants, or any servants or agents of any of the defendants from holding out the first defendant as the Chief Imam of the Central Mosque, Igbogila."
The case for the plaintiffs in the court of first instance as shown both by their pleadings and by the evidence given …