WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice of Ekiti State in suit No. HAD/60/96 sitting at Ado-Ekiti delivered by Hon. Justice D.F. BABALOLA on the 15th day of December 1999 whereby the 7th respondent was joined in the substantive action as the 3rd plaintiff, upon application to that effect.
By a Statement of Claim to be found at pages 5 to 13 of the record of appeal, the original plaintiffs - that is 5th and 6th respondents claimed the following reliefs, as stated in paragraph 47 thereof:
"47. WHEREOF THE PLAINTIFFS' CLAIM AS FOLLOWS:
(a) A Declaration that the recommendation of the Ondo State Chieftaincy Review Commission presided over by Honourable Justice Adeyinka Morgan in respect of the Owa of Odo Aiyedun Chieftaincy is contrary to the Custom and tradition governing the selection of the Owa of Odo-Aiyedun Ekiti.
(b) A declaration that the Ondo State Government white Paper accepting th…