ALHAJI KAMORU AGBAJE & ORS V. MISS. ADESOLA OTUNLA & ANOR

HARUNA S. TSAMMANI, JCA (DELIVERING THE LEADING JUDGMENT):  This is an appeal against the Ruling of the Oyo State High Court, sitting at Ibadan delivered by M. F. Oladeinde, J on the 25th day of September, 2012 in Suit No: I/438/2008.

Before the Oyo State High Court of Justice, the Respondents who were Plaintiffs therein, had taken out a Writ of Summons and a Statement of Claim whereof they claimed against the Appellants as follows:

1. Declaration that the land properties of the Plaintiffs father lying, being and situate at Akobo Area, Ibadan, devolves on all his children including the Plaintiffs upon his death which landed properties are registered as No. 14/14/1940, 5/5/1941, 44/44/1927, 3/3/1764, 2/2/1752, 58/58/1940, 3/3/1941, 57/57/1940, 7/7/1941 and 59/59/1940 of the Lands Registry, Ibadan.

2. Declaration that any sale of the Registered properties of late Chief L. A. Otunla, lying, being and situate at Akobo Area, Ibadan, after his death without the consent or participation of or a…