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OBA ADEGBOYEGA OSUNBADE (Adeyelu II (the Olugbon of Orile Igbon) for himself and on behalf of Olugbon chieftaincy family) OBA BELLO AYINLA ADESITE II (The Onikoyi of Ikoyi Ile for himself and on behalf of Onikoyi chieftaincy family) OBA JIMOH OYEYEMI OLOYEDE (The Aresadu of Iresadu f or himself and on behalf of the Aresadu chieftaincy family) OBA S. O. OYEDIRAN LAGBAMI OSEKUN II (The Onepetu of Ijeru chieftaincy family) OBA SAMUEL OLANIYI AYOOLA AGUNBIADE (The Alajawa of Ajawa for himself and on behalf of Alajawa chieftaincy family) V. OBA JIMOH OLADUNNI OYEWUNMI (Ajagungbade III) GOVERNOR OF OYO STATE A. AJALA ESQ.

(2007) JELR 57393 (SC)

Supreme Court  •  SC. 79/2002  •  4 May 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC (Presided) DAHIRU MUSDAPHER JSC SUNDAY AKINOLA AKINTAN JSC MAHMUD MOHAMMED JSC IKECHI FRANCIS OGBUAGU JSC (Read the Lead Judgment)

Judgement

OGBUAGU JSC (Delivering the Lead Judgment): The appellants A who were the plaintiffs at the Ogbomoso High Court of the Oyo State judiciary, by an originating summons, sued the defendants/respondents claiming certain declarations and some other reliefs.

They also sought to invalidate a vesting declaration which was registered at the land registry in Ibadan and which they alleged, was null and void. A preliminary objection was filed on behalf of the 1st defendant on 21st October, 1994. The grounds are: “(i) The plaintiffs had no locus standi to institute this action.

An originating summons is not a proper procedure to commence action in which facts are to be seriously disputed.

The 3rd defendant cannot be sued in his personal capacity.

The action against the 3rd defendant is statute-barred under the Public Officers Protection Law of Oyo State”.

Three (3) days after filing the notice of preliminary objection, the 1st defendant/respondent filed a counter-affidavit against the supportingaff…

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