ALHAJI MOHAMMED BUHARI AWODI & ALFA IDRIS AMAO V. MALLAM SALIU AJAGBE

SANKEY JCA (Delivering the Lead Judgment): One Alhaji Ajagbe A Gidado, (deceased), instituted this action in a representative capacity, suing for himself and on behalf of the Ile Atele family of Ara village, Kwara State, against one Alhaji Mohammed Buhari, (also deceased). The present respondent/cross-appellant, Mallam Saliu Ajagbe, by leave of the trial Upper Area Court, was later joined to the suit as the 2nd plaintiff. Again, Mallam Bashau Alagbede, by leave of the trial court, was joined as the 2nd defendant in the suit. During the trial, again, the 2nd defendant died, and so, by leave of the trial court, he was substituted by Alfa Idrisu Alagbede, the present 2nd appellant/cross-respondent. Finally, after the appeal and the notice of cross-appeal had been filed, and during the proceedings of the court below, the 1st respondent/cross-appellant also died and, on the application of counsel for the respondents/cross-appellants, his notice of cross-appeal was struck out.

The positio…