ODUM & ANOR.
V.
CHINWO & ORS.

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs in this case claim for themselves and for the representatives of the Odum Family of Orogbum Diobu, whilst the defendants were sued for themselves and as representing the Ogbunabali people of Ogbunabali village, Diobu. The institution of proceedings by the plaintiffs was caused by the defendants challenging the right of the plaintiffs to lease land to a private company for development purposes. The defendants contended that the whole area of Ogbunabali is communal land to which both parties have the right of use and occupation as in the case of each portion occupied by each of the 24 families. If at any time any family intends to part with any portion of its holding, the consent of the whole family must be obtained. It was the refusal of the plaintiffs to obtain the consent of the other members of their family that gave rise to this case. The plaintiffs claim declaration of title to the whole area of land occupied…