MALAM JIMOH SALAWU & ANOR V. MALAM ALIYU YUSUF & ANOR

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice of Kwara State delivered by Orilonishe J. sitting at Ilorin in which on 11th May, 1999 the trial Judge dismissed the appellants’ case and entered judgment in favour of the respondents on their counter-claim. The facts of this case, briefly put, were as follows: The case between the parties relate to the Akogun chieftaincy title of a town called Babanla in Kwara State. The reliefs sought by the appellants, herein as plaintiffs, who sued in representative capacity for himself and the members of the Akogun family excluding the 2nd respondent’s section of the Akogun family in Babanla (as they merely sued as representatives of their nucleus Ogunbiyi family which they Christen Akogun family for purposes of this case) at the court below as adumbrated in paragraph 14 of their amended statement of claim at page 9 of the record are as follows: “14. The plaintiffs therefore claim:- …