CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Appellants as plaintiffs in the trial court initiated this action in a representative capacity against the 1st Respondent as Defendant at the High Court of Ogun State, sitting at Sagamu by a writ of summons taken out on 26th May, 2003 in which the following reliefs were claimed:
"(a) A declaration that the Defendants are not members of Otuyelu family, Ikorodu and as such could not use the Otuyelu family name to ascend to and/or take any chieftaincy title, i.e. Baale of Otuyelu village, Mosimi Sagamu, Ogun State.
(b) A perpetual injunction restraining the Defendants from holding themselves out/or in any way acting introducing themselves as members of Otuyelu family of Ikorodu."
The background facts on the part of the Appellants are that the 1st Respondent (as 1st Defendant) was alleged to have presented himself to the Oba Jimoh Sosanya the prescribed authority over the area in which Mosimi Otuyelu and Akogun villages form …