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IPADEOLA & ANOR.
V.
OSHOWOLE

(1987) JELR 42716 (SC)

Supreme Court 29 May 1987 Nigeria
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- The plaintiff obtained approval from the Ibadan Metropolitan Planning Authority (2nd defendant) in 1979 to construct shops and offices on land abutting Oyo Road, with required set-back in accordance with the Federal Highways (Building Lin

Case Details

Suit Number:SC.182/1985
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:O. A. R. Ogunde (with Miss N. P. Arah) For Appellant M.A. Ayoade R.A. Sarumi For Respondent
Other Citations:Ipadeola v Oshowole (1987) NWLR (Pt. 59) 18 (1987) 5 S.C 376 (1987) 5 SCNJ 201

ESO, J.S.C. (Delivering the Leading Judgment): The facts of this case are hardly in dispute. The plaintiff in the Trial Court owns a piece of land at Abata Village. The village is on the Oyo Road of Ibadan and it is near Ojoo, Oyo Road is a trunk "A" Road. He made a building plan got it approved by the 2nd Defendant - the Ibadan Metropolitan Planning Authority and he thereafter laid a foundation for the building of fifteen shops and five office blocks. This was by the end of May 1978. These buildings were meant to face the (trunk "A") Oyo Road.

The next stage in this drama was that the 1st Defendant one Abraham Emiola Ipadeola who was trading under the name and style of Niger Prime Commercial and Industrial Company also got an approval from the 2nd defendant to erect a building. This building blocked the view of the Plaintiff to the Oyo Road. This approval to the 1st defendant by the 2nd defendant was by the 18th of February 1980. And so it happened that it was the same Ibadan Metropo…

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