IGNATIUS IGWE AGUBE J.C.A (Delivering the Leading Judgment): By a Writ of Summons dated and filed on the 18th day of October, 2002 and an Amended Statement of Claim dated 17th day of January and filed on the 21st January, 2002 respectively; the Claimant/Defendant to Counter-Claim (now Respondent), sought for declaratory and injunctive reliefs in the following terms:-
"(1) A declaration that the Defendant not being a member of the Plaintiff's Baale family of Sapati-Ile, is not entitled to aspire to the Baale of Sapati-Ile, Asa Local Government Area of Kwara State.
(2) A declaration that the Stool of Baale of Sapati-Ile is not vacant as the Claimant is the valid and subsisting Baale of Sapati-Ile.
(3) An Order of perpetual injunction restraining the Defendant from parading or holding himself out as the Baale of Sapati-Ile or purporting to perform the function of Baale of Sapati-Ile."
The Defendant joined issues by filing his Statement of Defence and Counter-Claim which was Amended and b…