MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered by Hon. Justice Y.O. Idowu (Mrs.) on 23rd September, 2005. Before the lower Court, Samuel Olu Ojo, Akinola Ojo and Idowu Ojo, for themselves and on behalf of the children of Elisha Adesina Ojo, took out a Writ of Summons against their sibling, Phillips Adeniji Ojo claiming in their Statement of Claim dated 27th December 1996 but sealed on 30/12/1996, the following reliefs:
1. A declaration that upon the death intestate of Elisha Adesina Ojo, the original owner of the houses and premises situate at 2/4, Jossy Castro Street, Bariga Lagos formerly 2/4, Ubani Street, Bariga the interests therein devolved on his 19 (nineteen) children as family property under Yoruba Native Law and Custom.
2. A declaration that the houses at 2/4 Jossy Castro Street Bariga do not constitute the personal real properties of the Defendant.
3. A declaration that the Defe…