ELDER BIODUN MAJEKODUNMI & ORS V. MR. AKANBI NOFIU OGUNSEYE

HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): The appeal herein, is against the judgment of the Ogun State High Court of Justice delivered by E.O. Osinuga, J on the 22nd day of February, 2011 in Suit No: AB/23/2009.

The Appellants herein, as Plaintiffs in the Court below took out a Writ of Summons against the Respondent (as defendant), and by paragraph 35 of the Statement of Claim dated and filed on the 09/2/2009, sought the following reliefs:

"(a) A Declaration that the Defendant is not and has never been the Head of Chief Ashiru Lika Ogunseye family of Lika Aje Street, Igbein, Abeokuta.

(b) Perpetual Injunction restraining the Defendant from parading or further parading himself as the Head of Chief Ashiru Lika Ogunseye family of Lika Aje Street, Igbein, Abeokuta.

(c) A Declaration that the so called Power of Attorney dated 11/01/95 and allegedly made between the Claimants and the defendant is null and void and of no effect and should be set aside.

(d) A Declaration that t…