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OBA YEKINI ELEGUSHI & ORS. V. SARATA OSENI & ORS.

(2005) JELR 45193 (SC)

Supreme Court  •  SC.50/2001  •  15 Jul 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

ONU, JSC (Delivering the Leading Judgment): The first and only plaintiff in this case, initially sued as representative of Elegushi Royal Family, the five defendants representing the Maiyegun Family. He (plaintiff) later obtained an order to join other members of his family herein they jointly claimed for:

"(a) Forfeiture of the properties held by the defendants under customary law as customary tenants of the plaintiff on the area marked blue on Plan No. BAASS/073/LAG/94.

(b) Possession of the said village forfeited from defendants shown as Maiyegun village and marked blue on Plan No. BAASS/073/LAG/174 drawn by a Licensed surveyor A. Akinyemi.

(c) Perpetual Injunction restraining the defendants by themselves, their privies, servants and agents from selling or alienating the portion of land shown on plan No. AASS/073/LAG/94 edged yellow on the said plan.

(d) Perpetual Injunction restraining the defendants by themselves, their servants and privies from further trespassing on the portio…

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