MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice for Ondo State of Nigeria, in the Akure Judicial Division and in suit No. Ak/143/90, the appellant herein and see other now deceased on behalf of themselves and the ONISERI family of Iju claimed against the respondents herein as the defendants as follows:-
"1. Declaration that the first defendant is not entitled to be appointed as CHIEF ONISERI of ISERI Quarters of Iju in Akure Local Government of Ondo State;
2. Declaration that the purported appointment and installation of the said first defendant as the Chief of Iseri Quarter of Iju in Akure Local Government of Ondo State by the second defendant is most irregular, illegal, void and of no legal effect;
3. Declaration that the second defendant acted ultra vires and was in fundamental breach of his traditional role as the OKITI of IJU by taking active part in the nomination and appointment of the first defendant as the ONISERI of ISERI Quarter of Iju in …