KAWU, J.S.C. (Delivering the Lead Judgment): This is a further appeal by the plaintiff in this case against the dismissal, by the Court of Appeal, Kaduna Division, of his appeal against the judgment of Adegbite, J., sitting in an Ilorin High Court.
In that court, the plaintiff had instituted an action against the defendants jointly and severally claiming in his amended writ of summons, as follows:-
"The plaintiff's claim against the defendants both jointly and/or severally is for
(i) a declaration that the plaintiff is the rightful Oba of Idera having been so appointed in October, 1979 by the Juduala Ruling House, whose turn it was to appoint a successor of the late Oba Noah Oloruntoba (from Oyan/Olupo Ruling House) who died in September, 1979, sequel to the agreement of July 28th, 1962 now annexed as annexure 1 to this writ of summons
(ii) a declaration that the 1st - 5th defendants who are the Idera kingmakers cannot install the 6th defendant who is a member of Ikota Ruling House …