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ELEGUSHI & ORS.
V.
OSENI & ORS.

(2005) JELR 45193 (SC)

Supreme Court 15 Jul 2005 Nigeria
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- The case involves a dispute between the Elegushi Royal Family and the Maiyegun Family over land ownership. - The plaintiffs initially sued on behalf of the Elegushi Royal Family, but later joined other members of their family as co-plaint

Case Details

Suit Number:SC.50/2001
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:S.A. Bashua, Esq. (with him, K.O. Dawodu, Esq.) - for the Appellants For Appellant Adebola Yaya, Esq. -for the Respondents For Respondent
Other Citations:Elegushi v. Oseni (2005) 14 NWLR (Pt.945)348 (2005) 7 S.C (Pt III) 205 (2005) 7 S.C (Pt III) 205

ONU, JSC (Delivering the Leading Judgment): The first and only plaintiff in this case, initially sued as representative of Elegushi Royal Family, the five defendants representing the Maiyegun Family. He (plaintiff) later obtained an order to join other members of his family herein they jointly claimed for:

"(a) Forfeiture of the properties held by the defendants under customary law as customary tenants of the plaintiff on the area marked blue on Plan No. BAASS/073/LAG/94.

(b) Possession of the said village forfeited from defendants shown as Maiyegun village and marked blue on Plan No. BAASS/073/LAG/174 drawn by a Licensed surveyor A. Akinyemi.

(c) Perpetual Injunction restraining the defendants by themselves, their privies, servants and agents from selling or alienating the portion of land shown on plan No. AASS/073/LAG/94 edged yellow on the said plan.

(d) Perpetual Injunction restraining the defendants by themselves, their servants and privies from further trespassing on the portio…

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