PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ekiti State sitting in Ekiti delivered by Hon. Justice L.O. Ogundana on the 17th day of November, 2014 while sitting as a Court of first instance, the Appellant having been dissatisfied with judgment appealed this court vide the Notice of Appeal.
The claim of the 1st and 2nd respondents against the Appellant and the 3rd, 4th and 5th respondents as contained in the Writ of summons and statement of claim filed on 25th July 2013 is as follows:
(a) A declaration that the Late Pa. Michael Onis property at No. 3, Iro, Odose Street, Ise - Ekiti upon his death intestate can only be succeeded unto by his three Children viz: the Claimants and the defendant who are survivors to the estate of Late Pa. Michael Oni.
(b) A declaration that the lease of the said land to the 1st defendant by the 2nd defendant to 4th defendants in the year 2009 without the consent and knowledge of the cla…