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CHIEF SALAMI ADESINA & ANOR V. THE COMMISSIONER IFON-ILOBU BOUNDARY COMMISSION, OSOGBO & ANOR

(1996) JELR 45887 (SC)

Supreme Court  •  SC.45/1990  •  16 Apr 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

ADIO, J.S.C. (Delivering the Leading Judgment): On the application of the applicant/ appellant. Chief Salami Adesina (on behalf of the Ilobu Community). The High Court of Oyo State, Oshogbo Judicial Division granted an order of prohibition directed against the Commissioner for Boundaries Settlement (hereinafter referred to as the 1st respondent) before whom a boundary dispute between Ilobu and Ifon communities (appellant and 2nd respondent respectively) was pending. The order restrained the 1st respondent from entertaining the aforesaid boundary dispute on the ground that his jurisdiction had been ousted by the judgments in Suits Nos. HOY/20/70 and FCA/1/19/68 between the same parties and on the same subject matter. Copies of the relevant papers were served on the 2nd respondent as party affected or interested in the matter.

The defunct Government of the Western State of Nigeria had. under the Local Government and Community Boundaries Settlement Law. Cap. (69) of the Laws or Western …

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