MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Gbadeyan J of the High Court of Kwara State holden at Ilorin delivered on 24th of November, 1995 wherein the Court held that the appointment of the Plaintiff/Respondent as Bale or Oluo of Oke-Oyi took effect from 1/9/93. The Court further prohibited the 1st Defendant/Appellant from parading himself as Bale or Oluo of Oke-Oyi and the 2nd Defendant/Respondent from treating him as such.
The facts of this case briefly put were as follows:
The Appellant herein was 1st Defendant in a Suit brought by the 3rd Respondent. In the High Court, 3rd Respondent herein as plaintiff claimed against the Appellant, 1st and 2nd Respondents jointly and or severally as follows:
(i) Declaration that the Plaintiff is the Oluo of Oke-Oyi having been so appointed by the Oke-Oyi Kingmakers and approved by the Kwara State Governor under Section 3(1) of the Chiefs (App and Dep) Law.
(ii) A Declaration that …