ODUYEMI, JCA (Delivering the Lead Judgment): By a writ of summons issued out of The Kabba Judicial Division of The High Court of Kogi State on 19th December, 1997, the plaintiffs (respondents in this court) claimed from the defendants (now appellants) the following reliefs:- “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 title in Oweland, including the Obani title.
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 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 Obaro of Kabba Oweland.
Declaration that by custom and tradition of Oweland, whoever first signifies his intention to the Obaro of Kabba in Oweland of taking the title of Obani is usually considered unless any factor exists, that makes him unfi…