UGO JCA (Delivering the Lead Judgment): This appeal is against the final judgment of the Ekiti State High Court, Ijero-Ekiti Division, in suit No. HIJ/12/2009, delivered by the Hon. justice M.A. Agbelusi on Thursday, 29 November 2012, with respect to the chieftaincy title of Eisaba of Ara- Ekiti, which is being claimed bythe respondents (then plaintiffs) as exclusive to their Omonipe/Areki family, as opposed to the claim by the appellants (defendants) that the said chieftaincy title is for both the respondents’ Omonipe/Areki family and the 2nd to 3rd appellants’ Asa family. The dispute over the stool arose in July 2009 when the Oba of Ara-Ekiti (1st defendant appellant) and members of his Council of Chiefs, including the 4th-6th appellants, tried to install the 2nd appellant (2nd defendant) of Asa family as Eisaba to succeed the last Eisaba, late Chief Vincent Arowolo ofthe respondents’ Omonipe/Areki family who held the title from 1965 - 2007.
The case was fought on pleadings duly ex…