UWAIS, J.S.C. (Delivering The Leading Judgment): This case was instituted in 1973 in the Customary Court Grade "A"' holden at Ibadan. The respondent herein was the plaintiff while the appellants were the defendants. The plaintiff's claims against the defendants, as per his amended writ of summons, read thus-
"1. Declaration that the defendants are not members of Delesolu Family or Lajinfin Family of Oje, Ibadan.
2. Declaration under native law and custom that the defendants and their descendants are not entitled to be head of Delesolu Family.
3. Order that the plaintiff's descendants have always been and are entitled to be the head of Delesolu Family in accordance with native law and custom.
4. Injunction restraining the 2nd defendant from parading himself as the Head of Delesolu Family."
At the hearing of the case, both parties testified and called witnesses. It emerged from the testimonies of the witnesses that Delesolu, whom the parties claimed to be their ancestor was a warrior. …