IBIYEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Delano, C. J. (as he then was) delivered on the 13th day of October, 1998 in the Abeokuta Judicial Division of the Ogun State
High Court of Justice.
The plaintiffs in their writ of summons which was subsequently amended on the 30th of May, 1997 sought three reliefs jointly and severally against the three defendants.
Pleadings were ordered and exchanged between the parties. The pleadings which were made up of joint statement of claim, statement of defence by the 1st defendant and joint statement of defence by the 2nd and 3rd defendants were amended several times over in the course of trial.
In paragraph 40 of the 4th further amended statement of claim, the plaintiffs sought the following reliefs jointly and severally against the defendants:
“(i) Declaration that the purported nomination or selection of the 1st defendant as the candidate to fill the vacant stool of Ado- Odo at a purported family meeting …