JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Falade, J while sitting at the High Court of Justice, Ilesa in Osun State of Nigeria on 4th July, 1995.
The 1st Respondent herein, as plaintiff at the lower court filed his suit against the 2nd Respondent and the appellants as defendants thereat. The claims of the 1st respondent as plaintiff can be found in paragraph 35 of the statement of claim. At page 6 of the transcript record of appeal, the said claims read as follows:
"35. Whereas the plaintiff claims:
(i) DECLARATION that Ase and Ipetu-Ile (Both in Obokun Local Government) are two distinct (sic) distinct communities from time immemorial and that Alase is the paramount Chief of Ase and not a quarter chief of Ipetu-Ile.
(ii) INJUNCTION restraining the Osun State Government from acting on Letter No. CB.141/125/1/VOL.1/256 of June 1991 copied the plaintiff by which letter the plaintiff is being regarded as a section ch…