OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Akin Apara J (now C.J. of Oshun State) sitting in High Court of Justice, Ibadan, Oyo State delivered on 28/5/90.
The facts of this case briefly put were as follows:-
The plaintiff/appellant (hereinafter referred to as ("The plaintiff") was the Mogaji of Alli Iwo family of Ibadan. On 26/11/86, he filed a writ of summons in the Ibadan Judicial Division of the Oyo State High Court claiming against the defendants/respondents (hereinafter referred to as 'The defendants) jointly and severally certain reliefs.
He followed this with a motion on Notice filed on 1/12/86 to preserve the status quo of the subject of litigation praying for various orders of Interim Injunction. On being shown the contents of the application, the 1st defendant refused service and proceeded with the meeting of the Olubadan Advisory Council slated for that day.
At the end of the meeting, the plaintiff was deposed and the 2nd defen…