MOHAMMED BABA IDRIS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Akure Judicial Division, delivered on the 24th day of January, 2014 in Appeal No. CA/B/309/2008, Coram: Sotonye Denton West, JCA, Mojeed Adekunle Owoade, JCA, Cordelia Ifeoma Jombo-Ofo, JCA, wherein the Court below allowed in part both the appeal and cross-appeal of the Respondents and set aside the judgment of the Ikare Akoko Judicial Division of the High Court of Ondo State, per Hon. Justice P. I. Odunwo J. delivered on the 18th day of June, 2007 in Suit No. HIK/2/88 wherein the trial Court granted 7 (seven) out of the eight reliefs sought by the Appellants who were plaintiffs at the trial Court.
The facts giving rise to this appeal are rooted in the chieftaincy succession of the Olukakumo of Ikakumo stool which has been in existence for over 400 years. Under the 1960 Chieftaincy Declaration made pursuant to native law and custom, 4 (four) ruling houses (Ayanw…