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CHIEF ADEGOKE OJAGBAMILA & ORS. v. CHIEF LEJUWA & ORS.

(2004) JELR 45049 (CA)

Court of Appeal  •  CA/B/69/2001  •  18 Jun 2004  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; PATRICK IBE AMAIZU JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered by Obaremo, J, of the Ondo State High Court of Justice holden at Okitipupa on 8th day of August, 1997 based on the motion which prayed for the following reliefs:-

"(i) An order that the defendants/respondents shall not relitigate the ownership of the land in dispute on the grounds of estoppel by conduct (in pais) acquiescence and the principle of standing by;

(ii) An order that the defendants/respondents either by themselves, servants, agents etc or any other person claiming through them shall not enter the land in dispute to farm, to plant any crops to take first product or to do any act on the land without the written permission of the plaintiffs/applicants,"

In reply, learned counsel for the defendants/respondents submitted that the application is frivolous and vexatious and inappropriate, because before this application is brought to court, the applicant did not show that th…

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