OGUNDARE,J.S.C., (Delivering the Leading Judgment): The plaintiff (now respondent) had sued the defendants claiming, as per the writ of summons:
'"(i) A declaration that the instrument dated the 28th day of July, 1981 in so far as it purports to include Tadese family as a sub-section of the Adegunodo Ruling House of Oluwo of Iwo Chieftaincy is wrong and accordingly illegal and void.
(ii) An injunction restraining all servants officers and functionaries of the Government of Oyo State and of Iwo Central local Government from acting pursuant to or taken (sic) any steps to implement the aforesaid approved and amended registered declaration of 29th July, 1981 and any further steps in connection with the selection or nomination of candidate/candidates to fill the vacant stool of Oluwo of Iwo as directed by the secretary of the Iwo Central Local Government".
Pleadings were filed and exchanged and in the case of the plaintiff and 3rd and 4th defendants, amended by leave of court. The case pro…