ALHAJI MUSTAPHA OLUWAGBEMIGA & ORS V. CHIEF GABRIEL ADELEYE OLUBO & ORS

FRANCIS FEDODE TABAI, J.C.A. (Delivering the Leading Judgment): In the substantive claim filed on the 22/6/93 the Plaintiffs/Respondents claimed:

(1) A declaration that the Oja Oshodi Street Akure linking Isolo Street is a right of way and a public highway and a market square and access to and from the various houses premises and properties and consequently no person or persons/organizations including the 1st defendant his servants, agents privies and any other persons claiming through him has a right to erect either temporary or permanent structures, buildings fences or any obstructions on any part of the said street, highway.

(2) Perpetual injunction restraining the 1st defendant their servants, agents privies or any person claiming through him from erecting any building fence survey beacons or structures on the said street or road.

(3) Perpetual injunction restraining the 2nd defendant its servants, agents, officers and privies from approving building plans or granting any licence …