FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Warri High Court Suit No. W/28/71, the plaintiffs claimed against the 1st, 2nd, 3rd and 4th defendants jointly and severally as follows:
A(1) A declaration that the relationship orally created between the plaintiffs' family of OLODI of the first part, 1st and 2nd defendants' family of OKI of Okere of the second part and 3rd and 4th defendants' family of IGHOGBADU of OKERE of the third part sometime in 1950 at Okere, within the Warri Judicial Division, whereby farmlands hitherto cultivated by members of the respective families were merged and/or pooled together for the common purpose of development for alienation for profit in the joint names and on behalf of "OLODI OKI and IGHOGBADU" is a partnership.
2(a) A declaration that the said partnership or the partnership orally made in Warri within the jurisdiction of this Honourable Court sometime in 1950 between plaintiffs' family of Olodi on the first part, 1st and 2nd defendan…