MUHAMMAD JSC (Delivering the Lead Judgment): At the High Court of Justice of Oyo State, holden at Ibadan (trial court), two plaintiffs in a representative capacity and on behalf of Jagun Ibagbe family, originally instituted the action which culminated into this appeal. The 1st plaintiff, the mogaji or head of the family, took ill during the proceedings in the suit and died before judgment was delivered, leaving the 2nd plaintiff to continue with the case. The claims of the plaintiffs as indorsed on the amended writ of summons and in paragraph 44 of the further amended statement of claim were as follows: “1. A declaration that the land in dispute situate, lying and being at Jagun village, Ife Road, Ibadan is a portion of Jagun Ibagbe family land.
A declaration that the purported lease or alienation of the said portion of the land in dispute by 2nd - 7th defendants to the 1st defendant is void and null not havingbeen made by or with the knowledge, consent or authorization of plaintiff…