(1996) JELR 45887 (SC)    

Supreme Court  ·  SC.45/1990 ·  16 Apr 1996 ·  Nigeria
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
1st respondent
declaration of title
2nd respondent
high court
suit no. hoy
boundary dispute
subject matter
parcel of land
community boundaries settlement law
determination of the boundary
local government
order of prohibition
judgment of the high court
only issue
aforesaid boundary dispute
attorney-general of western state of nigeria
circumstances of this case
claim of the 2nd respondent
determination of this appeal
fundamental issue
aforesaid main issue
behalf of the ilobu community
boundaries settlement
boundary commission
correct interpretation
court of appeal of the appeal
defunct government of the western state of nigeria
first point
first question
high court of oyo state
ifon communities
inter alia
leading judgment
learned counsel
legal principle of res judicata
only one issue
plan no. ll
present circumstances
res-judicata see madukolu v
second question
suit nos
suits nos
view of the judgment of the high court

ADIO, J.S.C. (Delivering the Leading Judgment): On the application of the applicant/ appellant. Chief Salami Adesina (on behalf of the Ilobu Community). The High Court of Oyo State, Oshogbo Judicial Division granted an order of prohibition directed against the Commissioner for Boundaries Settlement (hereinafter referred to as the 1st respondent) before whom a boundary dispute between Ilobu and Ifon communities (appellant and 2nd respondent respectively) was pending. The order restrained the 1st respondent from entertaining the aforesaid boundary dispute on the ground that his jurisdiction had been ousted by the judgments in Suits Nos. HOY/20/70 and FCA/1/19/68 between the same parties and on the same subject matter. Copies of the relevant papers were served on the 2nd respondent as party affected or interested in the matter.

The defunct Government of the Western State of Nigeria had. under the Local Government and Community Boundaries Settlement Law. Cap. (69) of the Laws or Western …

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