SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal by the appellants, who were respondents, is against the unanimous judgment of the Court of Appeal, Ibadan Division delivered on the 5th day of March 2012.
Briefly, the facts of this case are that the appellants as plaintiffs instituted an action against the Respondents as Defendants in the High Court of Ogun State, Sagamu Judicial Division, by their Writ of Summons dated 18th day of December, 2001. In the writ which was issued and signed by their counsel "MUYIWA OBANEWA Esq. of OLUMUYIWA OBANEWA and Co. Legal Practitioners, the plaintiff claimed as follows:
"1. A Declaration that the 1st plaintiff is the rightful holder of the office of the Chief Imam of Isara-Remo having been duly turbaned on the 23rd day of August, 2001 by the generality of the Muslim community in Isara-Remo.
2. A Declaration that the purported turbaning of the 1st Defendant as Chief Imam of Isara Remo on the 21st day of August, 2001 by the 2n…