BODE SOWUNMI & ORS. V. MRS. FLORA IYABODE SOWUNMI AYINDE & ANOR.

KUDIRAT M. O. KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State, Ota Judicial division delivered on 27/9/2000. By a writ of summons and statement of claim both dated 1/9/95 the plaintiff (now deceased and represented by the respondents herein) sought the following reliefs against the appellants (as defendants):

1. "A declaration: -

i. That the piece of land situate at Abule Ojo Sunmonu, Iju, Akute in Ifo/Ota Local Government Area of Ogun State covered by survey plan No. MAF/71 A and B/89L of 27th November 1989 is a family land.

ii. That the said land belongs to and is known as Sowunmi family land under Yoruba Native Law and Custom and the plaintiff is now head and principal member of the family.

iii. That the 2nd and 3rd defendants are not members of Sowunmi family.

iv. That being a most junior member of the Sowunmi Family, the first defendant's purported dealing with Sowunmi Family land without the consent of the …