JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment):This is an appeal against the judgment delivered by Osidipe, J. while sitting at the High Court of Justice, Abeokuta, Ogun State of Nigeria on 2nd August, 2001. The learned trial judge dismissed the Plaintiff/Appellant's claims against the Defendants/Respondents in their entirety.
The reliefs sought by two surviving Plaintiffs against the Defendants can be found in paragraph 43 of the 2nd further amended statement of claim at pages 73-74 of the transcript record of appeal. It is apt to reproduce same as follows:-
"43. WHEREOF the Plaintiffs claim jointly and severally against the Defendants:-
"(i) A declaration that the 1st defendant is not a member of the Demoku/Aboki Ruling House of the Olisa of Ijebu-Ode Chieftaincy and that he is therefore not entitled to be nominated and/or appointed as the Olisa of Ijebu-Ode.
(ii) A declaration that the Late Chief Stephen Babalola Kuku was neither the Head of the Demoku/Aboki Ruling H…