YESUFU AJAO IBITOKUN (HEAD OF FAMILY) DECEASED ALHAJI KARIMU AKANMU FOLORUNSO (FOR THEMSELVES AND ON BEHALF OF JAGUN IBAGBE FAMILY) V. STRABAG CONST. (NIG.) LTD. RAIMI AJANI FUNMILAYO ARASI ADEOSUN AKINPELU (FOR THEMSELVES AND ON BEHALF OF AKINPELU/OJO FAMILY) YISAU OGUNWANDE AMUSA OGUNWANDE RAUFU AJAGBE

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice Ibadan presided over by O. Ige J. and delivered on 14/12/90 wherein the claim of the plaintiff/ appellant before the lower court was dismissed.

The facts of this case briefly put were as follows:

There were two plaintiffs who originally instituted the action in this appeal in a representative capacity for themselves and on behalf of Jagun Ibagbe family. The 1st plaintiff, the Mogaji or head of the family, took ill during the proceedings in the suit and died before judgment was delivered, leaving the 2nd plaintiff to continue with the case. However, the plaintiffs’ claims as endorsed on the amended writ of summons or as contained in the further amended statement of claim were as follows:

“(1) A declaration that the land in dispute situate, lying and being at Jagun Village, Ife Road, Ibadan is a portion of Jagun Ibagbe family land.

A declaration that the purported lease or alie…