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CHIEF ADEMOLA OGUNNIYI & Anor. v. DR. FUNSHO ADARAMOLA & Anor.

(1973) JELR 41297 (SC)

Supreme Court  •  SC.171/1973  •  10 Dec 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Kwara State holden at Borin in which an application for an order of certiorari was refused.

The matter originated in this way in so far as can be gathered from the proceedings. There occurred a boundary dispute between Offa and Erinle communities in Oyun Division of Kwara State. In exercise of the powers conferred upon him under sections 3 and 5 of the Local Boundaries Settlement Edict No.9 of 1970, His Excellency, the Military Governor appointed Dr. Funsho Daramola as "Boundary Settlement Commissioner" and ordered him to enquire into and determine the boundaries between the two communities. Under section 6 of the said Edict, Mr. Ayo Jonathan, State Counsel, and Mr. A. A. Rotimi, Senior Surveyor, were also appointed as Secretary and Surveyor respectively "to assist the Commissioner who will enquire into and determine the boundaries" between the two communities. These two sets…

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