MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of Court of Appeal Enugu. The dispute which gave rise to this appeal concerns an estate of late Badaru Animashaun family in Onitsha. The respondents, as plaintiffs claimed in the High Court that their family property was alienated by lease without their consent. The lease was allegedly granted secretly to the appellant by late Alhaji Isiaka Badaru Animashaun who was then head of Animashaun family and co-administrator of the estate of Badaru Animashaun. It has been alleged that when he granted the lease to the appellant the co-administrator and other members of Animashaun family were not consulted. For the above reason the respondents, in this appeal, filed the following claim before the Onitsha High Court:
"(a) A declaration that the purported Deed of Lease made on 29th January, 1975 between I. B. Animashaun and R. B. Animashaun and the defendant touching and concerning a plot of land lying and situat…