C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In suit No.LD/1034/74 in the High Court, Lagos, the plaintiffs took out a writ of summons against the defendants.
Pleadings were ordered. In their statement of claim, the plaintiffs averred that the Ijaiye National Society was founded in 1931; that on the 10th of December, 1948, it was "duly registered and incorporated under the Lands (Perpetual Succession) Act"; that consequent upon certain disagreements amongst members of the Society, a faction of the Society consisting of the 1st to 7th defendants, made some false representations to the 8th defendant as a result of which the 8th defendant issued a fresh certificate to them "purporting to change the name of the Society and cancelling the previous registration of the Society". The plaintiffs also accused the 1st to 7th defendants of interfering with the property of the Society and concluded their statement of claim by claiming -
"(1) DECLARATION:
(i) That the Ijaiye National …