HON. JUSTICE ADENEKAN ADEMOLA V. CHIEF HAROLD SODIPO

M. E. OGUNDARE, J.S.C. (Delivering the Lead Judgment): By paragraph 27 of their further amended Statement of Claim the plaintiffs who sued in their individual capacities as beneficiaries of the Estate of Isaac Ademoye Sodipo deceased, claimed from the defendant, the Executor and Trustee of the said Estate

"(1) A declaration that the continuing demolition and or reconstruction of the plaintiffs' family house at Apagun Market, Ikereku, Abeokuta in the Abeokuta Judicial Division under the authority direction and with the consent of the defendant is ultra vires the powers of the defendant as the Executor of the Estate of Isaac Ademoye Sodipo (deceased) the father of the plaintiffs and therefore illegal and void.

(2) A perpetual injunction restraining the defendant, his servants, agents, privies, or other representatives however called from taking any step in further demolishing and or reconstructing the plaintiffs' family property at Apagun Market Ikereku, Abeokuta aforesaid.

(3) An order …