M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This is a further appeal from an interlocutory decision of the High Court of Oyo State given on 11/7/88 wherein that court held that:
"............the plaintiff has locus standi to present this action and that the action is not frivolous, vexatious, and an abuse of process of court. The action also discloses a cause of action."
The plaintiff had by a writ of summons issued in February 1988 sued three defendants (now respondents in this appeal) claiming:
"(a) Declaration that according to the law, custom and tradition of Tede there are only THREE ruling houses for the Onitede of Tede Chieftaincy to wit, Daodu Agba, Adekalu and Egbeomo.
(b) Declaration that the instrument dated 18th day of January, 1958 and registered on the 12th day of February, 1958, in so far as it purports to declare the customary law prevailing in Tede with respect to the appointment to the Onitede of Tede chieftaincy is wrongful, illegal and void.
(c) Decl…