STRABAG CONSTRUCTION (NIG.) LTD WAHABI KOLAWOLE ISOLA FATAI ARANSI ADEOSUN (FOR THEMSELVES AND ON BEHALF OF AKINPELU OJO FAMILY) ALHAJI YEKINI YISAU AMUSA OGUNWANDE RAUFU AJAGBE (FOR THEMSELVES AND ON BEHALF OF BABASOLA OGUNWANDE FAMILY) (2ND, 3RD AND 4TH APPLICANTS SUBSTITUTED BY ORDER OF COURT ON 20 FEBRUARY 2006) V. YUSUF AJAO IBITOKUN (HEAD OF FAMILY, ‘DECEASED’) ALHAJI KARIM U FOLORUNSO (FOR THEMSELVES AND ON BEHALF OF JAGUN IBAGBE FAMILY) V V
SUPREME COURT OF NIGERIA
NIKI TOBI JSC (PRESIDED)
WALTER SAMUEL NKANU ONNOGHEN JSC
IKECHI FRANCIS OGBUAGU JSC
IBRAHIM TANKO MUHAMMAD JSC (READ THE LEAD JUDGMENT)
JOHN AFOLABI FABIYI JSC
(2010) JELR 51058 (SC)
Supreme Court
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SC.272/2003
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4 Jun 2010
•
Nigeria
Coram
NIKI TOBI JSC (Presided) WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC IBRAHIM TANKO MUHAMMAD JSC (Read the Lead Judgment) JOHN AFOLABI FABIYI JSC
Appearances
Emmanuel Abiodun Esq., (with him, M. O. Adebayo Esq.) - for the Appellants.
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J. O. A. Ajakaiye Esq. - for the 1st respondent.
Judgement
<p><strong> MUHAMMAD JSC (Delivering the Lead Judgment): </strong> At the High Court of Justice of Oyo State, holden at Ibadan (trial court), two plaintiffs in a representative capacity and on behalf of Jagun Ibagbe family, originally instituted the action which culminated into this appeal. The 1st plaintiff, the <em>mogaji </em> or head of the family, took ill during the proceedings in the suit and died before judgment was delivered, leaving the 2nd plaintiff to continue with the case. The claims of the plaintiffs as indorsed on the amended writ of summons and in paragraph 44 of the further amended statement of claim were as follows: “1. A declaration that the land in dispute situate, lying and being at Jagun village, Ife Road, Ibadan is a portion of Jagun Ibagbe family land.</p><p>A declaration that the purported lease or alienation of the said portion of the land in dispute by 2nd - 7th defendants to the 1st defendant is void and null not havingbeen made by or with the knowledge, consent or authorization of plaintiff…</p>