HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti state High court, Ido-Ekiti Division delivered on the 16th day of April, 2001 wherein the Plaintiffs' claims before that court were dismissed entirely.
The Appellants were plaintiffs at the lower court, while the Respondents were Defendants.
The circumstances giving rise to the action filed by the Appellants against the Respondents was as a result of the Chieftaincy Declaration of Usi-Ekiti which increased the number of the ruling houses and the kingmakers, so as to correct the imbalance or lopsidedness pertaining to the chieftaincy of that domain. By that declaration, the Odoba family of the 1st Respondent was included as a ruling family in Usi-Ekiti. The Appellants who claimed that their Ebi Omo Owa ruling families have exclusive right of succession to the throne of Olusi (Oba) of Usi-Ekiti were dissatisfied with the declaration of the Odoba family as a ruling family in …