FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the 4th defendant/appellant against the judgment of Lawson, J., while sitting in the Federal High Court holden at Ibadan on 20th November, 2000. The 1st - 3rd defendants also appealed but did not pursue same with due diligence; it seems.
Two suits were filed by way of originating summons at the trial court. The 1st suit with No. FHC/IB/CS/94/99 was filed by the 1st - 9th plaintiffs/respondents against the 1st - 3rd defendants/respondents and defendant/appellant. The 2nd suit with No. FHC/ IB/CS/2000 was filed by the 10th - 16th plaintiffs/respondents against the stated 1st - 3rd defendants/respondents and 4th defendant/appellant. The two suits relate to the same issues. The plaintiffs also requested similar reliefs. The two suits were consolidated for hearing in one fell swoop; it seems.
The claims put up by the plaintiffs against the defendants at the trial court read as follows:-
"1) A declaration that the plaint…