IBADAN NORTH EAST LOCAL GOVERNMENT & ANOR V. ALHAJI A. O. MAKINDE

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court of Justice delivered by A. A. Aderemi, J on the 8th day of January, 2008 in Suit No: I/1254/94.

The Respondent initiated the Suit in the Court below, by a Writ of Summons and Statement of Claim dated and filed on the 17/07/95. The Statement of Claim was subsequently amended and the suit was heard on the Further Amended Statement of Claim dated and filed on the 11/3/2009. By paragraph 21 of the Further Amended Statement of Claim, the Plaintiff/Respondent sought the following reliefs:

1. DECLARATION that the purported revocation of the grant of the three plots Ak1/12 14 to the Plaintiffs is unlawful, null and void and it is of no effect.

2. AN ORDER of Injunction restraining the Defendant whether by itself, its servants, agents, privies and/or anyone claiming through it from disturbing the possession of the Plaintiffs.

2(a). AN ORDER of Court setting aside the all…