SYLVANUS ADIEWERE NSOFOR, J.C.A. (Delivering the Leading Judgment): The plaintiff, qua appellant herein, suing in a representative capacity i.e. "for himself and on behalf of Ibrahim Family of Ogudu", by his writ of summons filed in the Ilorin High Court of Kwara State on the 3rd of April, 1996, had claimed, as endorsed on the writ and repeated in paragraph 24 of the statement of claim:-
"24 Whereof the plaintiff claimed as follows:-
1. A declaration that 2nd defendant's appointment in September, 1991 of the 1st defendant, as Etsu Yampa of Ogudu is ultra vires, illegal and contrary to the custom and tradition of the people of Ogudu.
2. A declaration that the plaintiff's family is the next family to present a candidate for the vacant post of Etsu Yampa of Ogudu.
3. An injunction restraining the 2nd defendant from or installing the 1st defendant as Etsu Yampa of Ogudu."
Written pleading were ordered in the suit. They were filed delivered and exchanged. The case was fought and contested…