P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division in appeal No. CA/lL/5/2000 delivered on the 14th of June, 2001 dismissing the appeal against the judgment of the High Court of Justice of Kwara State sitting at Ilorin in suit No. KWS/2C/96: Mallam Jimoh Salawu and Mallam Hassan Akogun versus Aliyu A. Yusuf and Audu Ajide Agboola in which the trial Court had dismissed the suit and entered judgment in favour of the defendants/counterclaimants on the 11th of May, 1999. The plaintiffs (hereinafter referred to as the appellants) had at the trial court claimed against the defendants (hereinafter referred to as the respondents) as per paragraph 14 of the amended statement of claim the following reliefs:-
"I. A declaration that the purported appointment of the 2nd defendant by the 1st defendant is null and void as it is against the native law and custom of Akogun family of Babanla.
2. A perpetual injunction …