JIMI OLUKAYODE BADA J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Omuo Judicial Division in Ekiti State, in Suit No: HCL/51/2000-CHIEF NOAH A. AJAYI V. OBA ADEYEYE OLADIMEJI and 1 Other, delivered on 21st day of April, 2009.
Briefly, the facts of the case are that the first Appellant is the Traditional Ruler of Imesi-Ekiti and the prescribed authority of the town. The second appellant is the Emila of Imesi-Ekiti.
The Respondent, the Oore of Imesi-Ekiti instituted the action at the lower court against the Appellants and claimed as follows:
"(a) A declaration that by the history native law and custom of Imesi-Ekiti, the plaintiff is a High Chief, a Kingmaker, one of the Iwarefas in Imesi-Ekiti, fifth in rank to the Oba and head of Oke-Ode Quarters of Imesi-Ekiti.
(b) A perpetual injunctive order restraining the first defendant, his agents, servants and privies from denying plaintiff, in any manner, at any time and in any place …