OGUNTADE JSC (Delivering the Lead Judgment): The dispute leading to this appeal arose out of succession to a minor chieftaincy in the old Ondo State (now Ekiti State). The present appellants (who are hereinafter described as the plaintiffs) commenced the suit on 20-6-90 at the Ikole-Ekiti High Court where they claimed against the three respondents (hereinafter described as the defendants) for the following:
“(a) A declaration that the first defendant is not and cannot ever be the Onisemo of Ikoyi-Ekiti under the native law and custom of Ikoyi-Ekiti.
(b) An order on the first defendant never to parade or hold himself out as the Onisemo of Ikoyi-Ekiti and on the second and third defendants never to recognise first defendant as the Onisemo of Ikoyi-Ekiti or allow him to function in that post in any manner whatsoever.”
The parties filed and exchanged pleadings after which Akinyede J. heard the case. The plaintiffs called four witnesses. Each of the 1st and 2nd defendants testified in sup…