OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State holden at Ibadan delivered by Abiodun Alao, J. in suit No. M/2/90 on 21/6/90.
The gist of the facts leading to this appeal was that the four appellants herein were plaintiffs in suit No. 1/313/88 in which they claimed against the Olubadan of Ibadan land as the prescribed authority the chairmen of Olubadan Advisory Council and representative of all chiefs in Olubadan and Balogun chieftaincy lines of Ibadan that the existing declaration as it affects them is defective and ought to be amended. After the plaintiffs had closed their case and before defence opened, the plaintiffs and the defendants in suit 1/313/88 met and agreed to settle the case amicably and entered into terms of settlement which was signed by the 1st, 2nd and 3rd defendants, the 3rd to 5th respondents herein on behalf of all the chiefs including the 1st and 2nd respondents before it as filed in court a…