The respondents had sued the appellants claiming six declaratory relief’s in respect of the chieftaincy title of Elese of Irese land in Igbaja and a perpetual injunction.

The parties exchanged pleadings before the lower court and the matter went into full trial. The respondents called 5 witnesses in their effort to establish that there were 4 ruling House which were entitled to fill the vacant chieftaincy title of Elese of Ireseland at Igbaja. These ruling houses are:

Various documents were tendered before the lower court including exhibit D titled Elese of Irese (Confirmation of Declaration) Edict, 1987.

The appellants did not give oral testimony before the trial court but addressed the court on points of law at the close of the case. The trial court in its judgment granted the 1st and 3rd relief’s only and dismissed the other reliefs. The appellants appealed against the judgment of the trial high court whilst the respondents also dissatisfied, cross-appealed.