MOHAMMED, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 28-6-1993 seven plaintiffs including the five appellants commenced this suit at the High Court of Justice Ilorin Kwara State. The 4th and 5th plaintiffs, namely Chief Jimoh Oloke and Chief Osaleloko Awiye had earlier withdrawn from the action as plaintiffs and their names were accordingly struck out by the lower court leaving only the 5 appellants as plaintiffs. The appellants claim against the respondents who were the defendants according to paragraph 22 of the statement of claim dated 17-8-1993 at page 8 of the record is:-
"22. Whereof the plaintiffs claim against the defendants jointly and on severally as follows:-
(i) A declaration that the proper title of the traditional ruler of Isapa is not Onisapa of Isapa hut Elekan of Isapa.
(ii) A declaration that the plaintiffs are the only king makers of Isapa on whose recommendation the 2nd and 3rd Defendants can act in relation to the appointment of a traditi…