AGBAJE, JSC (Delivering The Leading Judgment): The plaintiffs, Wahabi Alao and Anor., sued the defendants, Oladejo Ajani and Ors., in an Ibadan High Court. Since the Statement of Claim supersedes the writ of summons the plaintiffs' claims against the defendants will be as contained in paragraph 24 of their amended Statement of Claim dated 22nd October. 1982. The claims read thus:-
"(a) Declaration that the alienation of Agbejobi family land at Oke-Ado market, upon which the building known as SW8/122, Annex, Lagos Bye Pass, Ibadan situate, made as by the 1st and 2nd defendants to either or both of the 3rd and 4th defendants is void, or in the alternative voidable.
(b) Account by the 1st and 2nd defendants to the other members of Agbejobi family of Oke-Ado, Ibadan in respect of the monetary proceeds from the said alienation."
It is common ground that the land referred to in the claim is Agbejobi family land. It is also common ground that Agbejobi family land of which the land in dispute…