ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Ogun State High Court, Otta delivered on 28th March, 1995 by Hon. Justice G. A. Bakre, in consolidated Suits Nos. HCT/66/90 and HCT/74/90.
A summary of the background facts culminating in this appeal, is hereby made as follows. The three plaintiffs in Suit No. HCT/66/90 instituted the action against the Regency Council of the Olota of Otta and Chief Lawani Kosebinu, the Akogun of Otta in the Ogun State High Court, Otta. In their amended writ of summons and paragraph 30 of the amended statement of claim dated 28th February, 1993 the plaintiffs claimed against the defendants jointly and severally as follows:
"A declaration that a Resolution passed by Otta Chieftaincy Committee on May 8, 1970, (and with the defendants continue to believe in and apply in the discharge of their functions in relation to Otta Chieftaincy Affairs) namely:-
'In all village of places under the Otta District C…