CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice O. Kumuyi, Chief Judge of the High Court of Justice Ondo State sitting at Akure, delivered on the 1st of August, 2011 striking out the counter claim of the appellants on the ground that the court lacked the jurisdiction to entertain the plaintiffs' claim. The matter commenced at the High Court of Justice, Okitipupa Judicial Division of Ondo State before it was later completed in Akure Judicial Division upon the elevation of the Chief Judge.
The facts leading to this appeal are that the respondents as plaintiffs at the lower court took out a Writ of Summons dated and issued 26th of April, 2005 against the appellants (therein the defendants). In paragraph 30 of their Statement of Claim the respondents sought the following reliefs against the appellants:
(a) A declaration that the 2nd defendant herein is not entitled to appoint unilaterally an Oloja of his own choice f…