UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered on 12th of September, 2012 by Hon. Justice Dada.
By a Writ of Summons, together with a 2nd further Amended Statement of claim dated 4th of June, 2008, the Claimants now Appellants claimed as follows:-
1. A declaration that the claimants are the only persons entitled under the Yoruba Native Law and Custom and other applicable laws to the building and landed property lying, being and situate at No. 2 Smith Street, Lagos Nigeria which forms part of the Estate of Late Jinadu Owunmisola Balogun (otherwise known and called Jinadu Owunmisola).
2. On the death of Late Jinadu Owunmisola Balogun and subsequent death of his two children namely- Abake (otherwise known and called Labake) and Yekini the ownership, rights, interest and privileges of the said Late Jinadu Owunmisola Balogun and later of Abake and Yekini on the building and landed property…