MONICA BOLNA'AN DONGBAN-MENSEM JCA (DELIVERING THE LEADING JUDGMENT): The Hon. Justice Eni Esan of the Oyo State High Court of Justice sitting at Ibadan delivered a Judgment on the 19th day of April, 2005 in which the entire claim of the plaintiff was dismissed.
The appellants were the plaintiffs at the trial court, while the respondent was the defendant and will hereafter each be so referred to. The appellants commenced the suit as Administrators of the Estate of one Late Sir Oba Olateru-Otagbegi II on the 27th February, 2002. The writ of summons with a statement of claim was subsequently amended in line with an order of the court made to that effect on 21st December, 2004.
The appellants sought the following reliefs (see page 11-12 of the records as amended in the amended statement of claim at pages 61-64 of the records):-
i. Declaration that the acts of the defendant in using as right way or entrance and erecting an iron gate or cross bar there upon or taking possession of land or dea…