OBOREUBORI ITAYE & ORS V. OKUOWE EKAIDERE & ORS

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Ekerruche J. delivered on the 15th day of August, 1975 in suit No. W/38/74 at the High Court Warri in the Warri Judicial Division of the High Court of Justice of Midwestern now Bendel State of Nigeria. The appellants were defendants to a claim filed by the respondents as plaintiffs in the High Court, Warri for (in the terms endorsed on the writ).

"1. As against all the defendants jointly and severally a declaration that an unauthorised Deed of Lease dated the 23rd day of March, 1973 and registered as instrument No. 39 at page 139 in Volume 143 of the Lands Registry in the office at Benin City made between the 1st to the 6th defendants of the one part, and the 7th and 8th defendants of the other part, which said Deed of Lease was made without the knowledge consent or authority of the 1st plaintiff (the head of Osemorhor family) and the other principal members of the plaintiffs family, is voi…