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CHIEF JAMES ADEBAYO OYEWUSI & ORS V. OBA SUNDAY OLAGBAMI & ORS

(2018) JELR 38761 (SC)

Supreme Court  •  SC.273/2013  •  6 Jul 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Appearances
Yusuf Ali, SAN with him, Prof. Wahab Egbewole, Kunle Sobaloju, Esq., Yakubu Dauda, Esq. and Dr. M.T.Adekilekun, Esq. For Appellant Olugbenga Ogunniran, Esq. with him, Oluwole Babatope, Mercy Ojene and Najib Shaibu - for 1st Respondent.Oluseun Abimbola, Esq. (Hon, A-G, Oyo State) with him, A.W Gbadege (S-G, Oyo State), Olubunmi Ogunniran, Esq. (DCL, Ministry of Justice, Oyo State) - for 2nd and 3rd Respondents. For Respondent

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellants herein, as plaintiffs at the High Court of Oyo State, sitting at Ibadan, by their Further and Better Amended Statement of Claim filed on 14/4/2005 sought the following reliefs against the respondents, as defendants:

1. A Declaration that the purported transfer or grant of the land in dispute situate, lying and being at Ogbomoso farm settlement by the Oyo State Government to the 3rd defendant is illegal, unconstitutional, unlawful, irregular, and null and void.

2. A Declaration that the 1st and 2nd defendants are not entitled to transfer to the 3rd defendant the land acquired from the 1st plaintiff's family by Oyo State Government for the purpose of Ogbomoso Farm Settlement.

3. N50 million damages for trespass committed and still being committed by the 3rd defendant on the land in dispute.

4. A Declaration that the 1st plaintiff is the family entitled to any reversion interest, release, trans…

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