PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): In the court below, High Court of Justice, Lagos (Coram Silva J.) the appellants as plaintiffs, before that court claimed in a representative capacity against the respondent who was the defendant before the court below as follows:
(1) The plaintiffs, as Head and Principal Members representing the families of MADAM MORIAMO DAWODU (Nee Agoro) and SULE AGORO, claim against the defendant a declaration that they are the owners and persons entitled by devolution to hold, enjoy and deal with as registered proprietors all that piece or parcel of land situate, lying and being at and known as Nos 8, 10 and 12 John Street Lagos which said piece or parcel of land is vested in their ancestors namely SABITIYU AGORO, MORIAMO AGORO (later known as MORIAMO DAWODU Nee Agoro) and SULE AGORO by virtue of a Deed of Indenture dated 30th September, 1941 Land Certificate Title No. LO 0701 at Lagos.
(2) An order of perpetual injunction restra…