J.O. OGEBE, J.S.C. (Delivering the Leading Judgment): "By a writ of summons dated the 19th day of December, 1997 the respondent and one other now deceased commenced an action against all the appellants (including the 3rd and 4th Appellants now deceased) seeking the following:-
"1. A declaration that by the custom and tradition of Oweland, it is the prerogative of the Obaro of Kabba, Oweland to confer all traditional titles in Oweland including the Obani title.
i. A declaration that by the custom and tradition of Oweland, the 2nd and 3rd Defendants have no Power, neither is it their function or duty or I prerogative to confer the title of Obani of Oweland on any Son of Oweland but that their duty is limited only to give blessings to Obani of Oweland, by Obara of Kabba Oweland.
ii. A declaration that by the custom and tradition of Oweland, whoever first signifies his intention to the Obara of Kabba in Oweland of taking the title of Obani is usually considered unless any factor exists, …