A. O. OBASEKI, JSC (Delivering the leading Judgment): The claim filed by the appellant in the Idanre/Ifedore Grade I Customary Court, holden at Igbara-Oke in Ondo State in January, 1980 was for:
"(1) declaration that the defendant is not a member of Sapetu family of Igbara-Oke;
(2) declaration that the defendant has no claim to the rights, privileges, honour and estate of the said Sapetu family of Igbara-Oke;
(3) injunction restraining the defendant from parading himself as a member of the said Sapetu family of Igbara-Oke;
(4) further injunction restraining the defendant, his servants and agents from doing anything inconsistent with the rights, interests and entitlements of the Sapetu family;
(5) special damages of N200.00 for parading himself as indication (sic) in paragraph 3 above."
Following the service upon him of the summons, the defendant/respondent filed a motion challenging the jurisdiction of the court and more especially in the following terms:
Motion of Notice
Under Orde…