IBIYEYE, JCA (Delivering the Lead Judgment): This appeal emanated from the decision of Somolu, J. who sat at different times in Ilaro and Abeokuta Divisions of the Ogun State High Court of Justice delivered on the 23rd day of February, 1994 in suit No. HCL/24/25, between Chief D. A. Fafunmi and two others and Ezekiel Sunday Onilude and ten others. The plaintiffs, after filing this joint statement of claim and before the eleven defendants filed their statement of defence sought and got leave of the lower court for discontinuance of action against the 2nd to 11th defendants on the 24th day of February, 1988. The names of the 2nd to 11th defendants were accordingly struck out.
Both the plaintiffs and the defendants respectively filed and exchanged a statement of claim and statement of defence and counter-claim which
was subsequently amended in the course of trial.
In paragraph 48 of the further amended statement of claim the plaintiffs jointly sought the following reliefs:
“48.1 Declarati…