W. S. N. ONNOGHEN, JSC (Delivering the Leading Judgment) This is an appeal against the judgment of the Court of Appeal in appeal N0.CA/1/75/99 delivered on the 8th day of January, 2003 in which the court allowed the appeal of the present 1st and 2nd respondents against the judgment of the High Court of Osun State Holden at Ikirun in Suit N0.HIK/15/97 delivered on the 30th day of June, 1998 in favour of the defendants/Present appellants.
In addition to allowing the appeal of the 1st and 2nd respondents, the lower court also dismissed the cross appeal of the present appellants against the said judgment of the trial court.
The respondents in this court instituted the suit as plaintiffs against the appellants claiming the following reliefs:
(i) A declaration that there are two and only two lineages of Elemo Ruling House, Oyan, namely: - Elemo Olarinoye and Elemo Aresinkeye Lineages.
(ii) A declaration that the report of a discreet investigation alleged conducted by the secretary to the f…