ADAMU JAURO, JSC (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Ekiti Division, delivered on 20th December, 2017 in appeal No. CA/EK/3/2017. The lower court therein set aside the judgment of the High Court of Ekiti State which had struck out the Respondents' suit.
A brief summary of the facts that birthed this appeal is that upon the demise of Pa Zachaeus Fatimehin Olomodulawe, a vacancy was created in the Olomodulawe Chieftaincy title of Oke-Emo Quarters of Ilawe Ekiti, which is a minor chieftaincy. The 2nd - 4th Appellants nominated the 1st Appellant for the chieftaincy title. The Respondents were aggrieved by the nomination of the 1st Appellant as the Olomodulawe; hence they wrote a letter of protest (Exhibit PO3) to the 5th Appellant being the· prescribed authority with respect to. the Olomodulawe chieftaincy title. They also wrote another letter of protest (Exhibit PO4) to the 2nd Appellant and copied the 5th Appellant, but t…