HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Ilorin Judicial Division, delivered on the 19th of January, 2011 in Appeal No. CA/IL/33/2009, and which affirmed the judgment of the High Court of Ekiti State in Suit No HAD/41/2002 delivered on the 31st of March, 2008.
The subject matter of this appeal is a chieftaincy dispute; a dispute in respect of the Owa of Oke-Ako Stool in Ikole Local Government Area of Ekiti State. The first and second Respondents were the claimants before the trial Court and the Appellants and the third to the ninth Respondents were the first to the tenth defendants. The contentions of the parties were on a narrow issue. It was agreed between the parties that there are two Ruling Houses in Oke-Ako, namely the Aofin Ruling House and the Okediosan Ruling House. It was not in contest between the parties that it was the Okediosan Ruling House that produced the last Owa of Oke-Ako, Oba…