MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P. O. Aderemi J of Oyo State High Court, Ogbomosho, delivered on 28/6/89.
The facts of this case briefly put were as follows:
In the Ogbomosho High Court of Oyo State of Nigeria the Plaintiffs/Appellants claimed against the Defendants/Respondents jointly and severally as follows:
"(a) A declaration that according to customary law, the holder of Baale of Idigba Chieftaincy can be appointed from amongst only the members of Bale Idigba family of Ile Baale, Idigba, Ejigbo Local Government of Oyo State of Nigeria.
(b) A declaration that the 1st Defendant is not a member of the said Baale Idigba family."
(c) A declaration that the 1st Plaintiff is the only person who was validly nominated to succeed late Chief Bello Adegboye as Baale of Idigba.
(d) A declaration that the nomination, appointment and installation of the 1st Defendant as the new Baale of Idigba is against the customary l…