ADISA WAHEED ABERUAGBA & ANOR V. PRINCE MOBADENLE OYEKAN & ORS

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Lagos State High Court in suit No. ID/1133/1995, between Adisa Waheed Aberuagba and one other (suing for themselves and as head and representatives of the Esimikan Family of Ilado-Odo and Inagbe Islands) and Prince Mobadenle Oyekan and Twelve others, delivered on the 5th of June, 2012; Coram Inumidun Akande (CJ). In the judgment stated above the Court dismissed the claimants claim and granted the counterclaim of the 1st 7th defendants.

It should be recalled that the appellants as claimants before the lower Court, approached the Court via a writ of summons dated and filed on 21st of April, 1995. By the claimants amended statement of claim dated the 24/11/1998, but filed on the 27/11/1998, claimants jointly and severally claimed against the defendants the following reliefs:-

1) Declaration that the 1st to 7th Defendants are not members of the Esimikan family of Ilado-odo and Inagbe

2) Declar…