HON. JUSTICE MOORE A.A. ADUMEIN, J.C.A (Delivering the Leading Judgment): The present appellants were the 1st, 7th and 9th plaintiffs in Suit No. FHC/AK/CS/01/2010 commenced by a writ of summons and a statement of claim filed on the 6th day of January, 2010. There were 9 (nine) Plaintiffs in the lower court- Federal High Court, Akure Division.
The claim of the appellants in the lower court, as endorsed in paragraph 23 of their statement of claim, at page 9 of the record of appeal, is as follows:
"23 WHEREOF the plaintiffs have suffered and claim jointly and severally as follows:
1. A DECLARATION that the selection process and/or purported selection of the 3rd defendant by the 4th to 6th defendants as the sole candidate for the vacant stool of Olugbo Chieftaincy is irregular, wrongful and contrary to the custom of Ugbo Kingdom.
2. A DECLARATION that the exclusion of the 1st Plaintiff from the selection process for the vacant Olugbo Chieftaincy stool is wrongful and contrary to the cust…