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ATTORNEY-GENERAL OF ONDO STATE V. ATTORNEY-GENERAL OF EKITI STATE

(2001) JELR 47991 (SC)

Supreme Court  •  SC.136/2000  •  19 Oct 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Appearances
Chief F.R.A. Williams, SAN (with him, Professor A. B. Kasunmu, SAN and T. E. Williams, Esq.) For Appellant Obafemi Adewale, Esq. Attorney-General of Ekiti State (with him, Chief R. M. Esan, SAN; C. I. Akintayo, Esq. Solicitor General of Ekiti State; L. B. Ojo, Esq. Director of Civil Litigation and Yinka Esan, Esq.) For Respondent

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): By an originating summons the plaintiff seeks for the determination of the following:

"(i) A DECLARATION that by virtue of section 7(1) of the States (Creation and Transitional Provisions) Act 1996 (hereinafter referred to as the 'Act') ALL immovable properties and chattels owned by the plaintiff as at 30th September, 1996 remain vested in and owned by the plaintiff after that date to the exclusion of the defendant with the ONLY exception of those immovable properties and chattels that as at the said 30th September, 1996 were held by a body corporate directly established by a legislation of Ondo State and were situate in the geographical area of Ekiti State.

(ii) A DECLARATION that any agreement or arrangement reached or made between officials or other functionaries of the plaintiff and the defendant in whatever capacity, and any resolution and/or decision taken, or compromise reached in whatever form between the parties herein, which …

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