D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Ondo State of Nigeria in the Okitipupa Judicial Division and in suit No. HOK/7/84, the plaintiffs who are the respondents and the cross-appellants herein commenced this action on the 14/6/1984. In their Further Amended Statement of Claim as per paragraph 36 thereof, they claimed against all the defendants therein, that is the appellants/cross-respondents and the respondents/cross-respondents herein the following declarations and reliefs:-
"(i) Declaration that the Registered Declaration of Ugbo Chieftaincy are (sic) defective and inexhaustive of the customs and traditions of Ugbo chieftaincy and therefore null and void.
(ii) Declaration that under the traditions and customs of the Ugbo people regarding Ugbo chieftaincy the appointment of an Olugbo is by rotation between AGBEDUN/OJOGO and OYETAYO/ATARIOYE section of OJADELE ruling house since the demise of OJADELE.
(iii) Declaration that the Registered Declarat…