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ALHAJI SULAIMAN MOHAMMED v. LASISI SANUSI OLAWUNMI & ORS

(1993) JELR 45349 (SC)

Supreme Court  •  SC.147/1991  •  14 May 1993  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC OLAJIDE OLATAWURA JSC MICHAEL EKUNDAYO OGUNDARE JSC

Judgement


UWAIS, J.S.C. (Delivering the Leading Judgment): The genesis of this case began with suit No. LD/1213/76 which was filed in the High Court of Lagos in 1976. The High Court decision in that case went on appeal to the Court of Appeal as suit No. FCA/L/95/78 and then to this court as Suit No. SC 61/1980. This court while dismissing that appeal remarked as follows:-

"Mr B.A. Augusto for the appellants did not object to a suggestion by Mr. Abraham Adesanya learned counsel for the respondents that a plan ought to be filed. We therefore ordered a plan to be filed. Mr. Augusto also agreed that the injunction granted by the court should be tied to the plan. It was upon this concession that in dismissing the appeal of the appellants it is ordered that the injunction granted by the trial court be tied to the area edged red in Plan No. GP/1150 made by G.P. Okusanya as a certified true copy of Plan No. AB 1381 which was originally made by one A.B. Apatira licensed surveyor on 13th August, 1962. W…

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