ACHIKE, J.C.A. (Delivering the Leading Judgment): This appeal puts in focus the term usually referred to as "default judgment". The scope and effect of such judgments, seems to me to be the thrust and interest of this appeal.
In their suit at the High Court Ondo State holding at Ondo, the plaintiffs claimed against the defendant as follows:
(a) Court's Declaration that it is an exclusive preserve of Akintimehin Family of Ore/Odigbo to present a candidate for the stool of Bale of Ore.
(b) Declaration that the purported rotational method sought to be applied by the 1st defendant in filling the vacant stool to the 2nd and 3rd defendants is inequitable, unjust, unlawful, null and void and runs counter to the established system of appointing a Bale at Ore.
(c) Perpetual Injunction restraining the 1st defendant, his agents, servants or whosoever from interfering with the age long tradition and customary rights of Akintimehim Family by selecting for appointment, under native law and custom, …