LORD GUEST (delivering the judgement of the Board):- This is an appeal from a judgement of the Federal Supreme Court of Nigeria allowing the appeal of the plaintiffs-respondents against the order of Kester J. sitting in the High Court of Justice, Western Region of Nigeria at Ibadan, dismissing the plaintiffs respondents' claim.
The respondents claimed against the Caretaker Committee of the Ife Divisional Council, first defendants and the appellants, second defendants (a) an order to set aside a Deed of Concession dated 6th January, 1954 between the Ife District Native Authority and the appellants; (b) against the appellants an account of all profits derived by the appellants from the concession and an order to pay the sum found due into the Ife Divisional Council Treasury, and (c) an injunction to restrain the appellants from further exploiting the concession.
In his judgment the trial judge amended the tide and statement of claim by substituting the words "lfe Divisional Council" for…