MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Justice, Kwara State delivered in suit no. KWS/OM/25/97 on 25/7/2005. The appellant commenced the suit by a writ of summons and statement of claim filed on 30/12/97. The appellant sought the following declarations:
1. A declaration that there are three(3) traditional ruling houses in Babanla who are entitled to the stool or the throne of Oba Babanla and they are: (1) Dada (2) Abogunrin(3) Odeyemi ruling houses respectively.
2. A declaration that under the Babanla native law and custom, no member of Odeyemi ruling house can competently be conferred with an award of honorary chieftaincy title of Otunba of Babanla Land as sought to be done by the 1st defendant herein through his letter of 26th March, 1997, or any honourary chieftaincy title whatsoever.
3. Declaration that it is the turn of Odeyemi ruling house to appoint the next Oba of Babanla whenever the s…