ONU, J.S.C. (Delivering the Leading Judgment): The appeal herein, emanating from the Court of Appeal, Ibadan is one involving a chieftaincy dispute originating from Iseyin Local Government of Oyo State. It is sequel to that court (hereinafter referred to as the Court below) on 9th July, 1990, upholding the appeal of the 5th defendant/appellant (hereinafter in the rest of this judgment called appellant) against the decision of the High Court of Oyo State presided over by Ibidapo-Obe, J., dated 2nd October, 1987 which was declared a nullity and was sent back for retrial de novo before another Judge of the said High Court.
The action was first commenced in the Oyo State High Court sitting at Oyo by a Writ dated 18th July, 1986 and filed on 22nd July, 1986. In it, the 1st to 3rd plaintiffs/respondents for themselves and on behalf of all three Male Ruling Houses, challenged the appointment of the appellant (then the 5th of nine defendants with the Governor of Oyo State, now 4th respondent,…