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ADEYELU II & ORS. V.OYEWUNMI & ORS.

(2007) JELR 48113 (SC)

Supreme Court 4 May 2007 Nigeria
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- The appellants, as plaintiffs, commenced an action by originating summons at the Ogbomosho High Court challenging the validity of a Vesting Declaration and seeking various declaratory and injunctive reliefs; the underlying dispute involve

Case Details

Suit Number:SC.79/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:F. R. A. Williams (Jnr.) (with him, Mohammed Sail au, Esq.) Ayoola Ajayi, Esq.Folarin Poopola, Esq. Olaigbe E. Ogunniran, Esq. For Appellant Chief Akinlolu Olujinmi, SAN (with him, Funke Sobaloju, Esq.; Oluropo Olujinmi, Esq.; Opeyemi Adeyinka, Esq.; Jumoke Gafar [Miss]; Akinsola Olujinmi, Esq. and Akinyemi Olujinmi, Esq.) No appearance for the 2nd and 3rd Respondents For Respondent
Other Citations:Adeyelu II v. Ajagungbade III (2007) 14 NWLR (Pt.1053) 1 (2007) 4-5 S.C. 98 (2007) 4-5 S.C. 98

I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): The appellants who were the plaintiffs at the Ogbomosho High Court of the Oyo State Judiciary by an originating summon sued the defendants/respondents claiming certain declaration and some other reliefs.

They also sought to invalidate a Vesting Declarations 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.

(ii) An originating summon is not a proper procedure to commence action in which facts are to be seriously disputed.

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

(iv)The action against the 3rd defendant is statute barred under the Public Officers Protection Law of Oyo State."

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

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