I. LEWIS, J.S.C (Delivering the Leading judgment): In Suit S/11/64 in the Sapele High Court the plaintiffs sued "for themselves and on behalf of the Mosogan Village Community of Jesse Clan" and their writ of summons read:-
"By a Deed of Lease dated 26th September, 1953, and registered as No. 7 at page 7 in Volume 42 of the Lands Registry, Ibadan but now at Benin-City in the Mid-Western Region of Nigeria, the elders and people of JESSE CLAN purported to demise to the firm of JATHOMAS RUBBER ESTATES of Sapele all that piece or parcel of plaintiffs' land lying and being situate between EFO and UKPEKELE Villages (MOSOGAN) within the jurisdiction of this Honourable Court.
On 10th January,1964,1st, 2nd and 3rd, 4th defendants acting for and on behalf of the JESSE COMMUNITY purported to grant written consent to assign the residue of the above lease to 5th defendant.
The plaintiffs therefore claim as follows against defendants:-
(a) A declaration that the piece or parcel of land demised by th…