CHIEF KARIMU AJAYI ARUBO V. FATAI AYINLA AIYELERU & ORS

NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): This is an appeal by the plaintiffs against the judgment of the Court of Appeal, Lagos Division. In the leading judgment of Awogu, JCA to which Ademola, JCA. and Akpata. JCA (as he then was) concurred, that court allowed an appeal against the ruling of a Lagos High Court which had upheld the defendants' objection to a substantial part of plaintiff's pleading but proceeded to amend plaintiff's claims. The Court of Appeal not only set aside the amendments but also dismissed the plaintiff's claims in their entirety. Hence the plaintiff has appealed to this court.

The facts from which the appeal arose are rather interesting. By a writ of summons the plaintiff as the Alashe of Ojuwoye commenced an action in a Lagos High Court against the six defendants "for themselves and as representatives of Ojuwoye Community" claiming the following reliefs:

"(a) a declaration that the plaintiff as the Alashe of Ojuwoye is the head of Ojuwoye Communi…