PETER ALABI & ORS V. KEHINDE ALABI (A.K.A. ACTOR) & ORS

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division by Hon. Justice T. O. Osoba delivered on 3/7/2013 dismissing the claimant/appellants' case for want of jurisdiction on the ground of abuse of Court process.

The appellants' claims at the lower Court were for the following:

''1. A declaration that the defendants being great grand children of Otiriki Ugbebor cannot alienate either by sale or in any form or manner any portion of the Otiriki Ugbebor family land situate and being along Idanre Road, Idiita, Adefure, Akure covered by layout No. AK/AUPO/L/664 without the consent of the plaintiffs who are the head and principal members of the Otiriki Ugbebor family.

2. An Order setting aside as null and void all sales, or alienation of any portion of the Otiriki family land situate and being along Idanre Road, Idiita, Adofure, Akure covered by the layout No. AK/AUPO/L/664 in whatever …