AKINWUNMI & ORS
V.
LAWAL & ORS
·
K. ESO, JSC (Delivering the Leading Judgment): The claim of the plaintiffs, who are the respondents in this appeal and who, hereinafter, will be referred to as respondents in this judgment, against the defendants hereinafter referred to as appellants is for -
(a) A declaration that the said defendants are not members of Ado Family of Ado Village, Ajeromi Local Government Council Area Lagos State, Nigeria.
(b) An injunction to restrain the said Defendants their servants or agents from interfering with the properties of the Ado family and from holding themselves out as members of the said Ado family.
Pleadings were ordered by the trial court and filed, though in the statement of claim the words "from interfering with the properties of Ado family" were omitted from claim (b) Evidence was led and in his judgment, the learned trial Judge held:
"In the light of the above as well as from my own observation drawn from the history as revealed by both parties, I am fully convinced that the evid…