ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling of Ibadan High Court of Justice, delivered by M. L. Abimbola, Judge, on 9th February, 2005 striking out the appellant's suit upon the hearing of the preliminary objection, raised by the 1st and 2nd Respondents respectively, challenging the jurisdiction of the lower court to entertain the suit.
The Appellants claimed at the lower court as follows:-
1. Declaration that Odeyale the great ancestor of the plaintiffs was, under native law and custom of the Yoruba, the founder of Odeyale Village usually called Inu Odi Odeyale via Akanran Ona Ara Local Government Ibadan.
2. Declaration that the Plaintiffs are the descendants of Odeyale the founder of Odeyale Village usually known as Inu Odi Odeyale Akanran Road, Ona Ara Local Government Ibadan.
3. Declaration that under Yoruba native law and custom the Odeyale's descendants are to be appointed the Baale of Inu Odi Odeyale Akanran Road, Ona Ara Local G…