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…