MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. HER/4/2003 delivered on the 30th of July, 2003 wherein a Notice of Preliminary Objection to the Jurisdiction of the Court filed by the Appellant (1st Defendant/Applicant at the trial Court) was struck out.
The action was commenced by the 1st and 2nd Respondents who were the Plaintiffs at the lower Court in a representative capacity by a Writ of Summons filed on the 19th of March, 2003 claiming the following reliefs:-
i. A DECLARATION that Igboora is a Federation governed by peculiar Chieftaincy installation of 5 (Five) Baales.
ii. A DECLARATION that the 1st defendant is the Baale of co-ordinate jurisdiction, power and influence like all the plaintiffs within Igboora federation.
iii. A DECLARATION that historically the 1st Defendant has never, either through his family lineage, enjoyed Obaship privileges or influence within Igbora federation.