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MOHAMMED & ANOR
V.
LASISI SANUSI OLAWUNMI & ORS.

(1990) JELR 42969 (SC)

Supreme Court 6 Apr 1990 Nigeria
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Case Details

Suit Number:SC.42/1989
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:M.A. Bashua, Esq. (with him, S. A. Bashua) For Appellant Mr. Adigun OgunseitanChief T.A. OyagbolaChief T.A. Oyagbola (holding brief for T.O. Kabiawu) For Respondent
Other Citations:Mohammed v. Olawunmi (1990) NWLR (Pt.133)458 (1990) 4 S.C 40, (1990) 2 NWLR (Pt. 133) 458

ESO, J.S.C. (Delivering the Leading Judgment): The point arising in this appeal could conveniently be taken to commence from the order made by the Supreme Court on 8th July, 1981. There the court while dismissing the appeal of the defendants/appellants made the following remarks-

"Mr. B.A. Augusto for the appellants did not object to aggression by Mr. Abraham Adesanya learned counsel for the respondents that a plan ought to be filed. We thereupon ordered a plan to be filed. Mr. Augusto also agreed that the injunction granted by the court should be tied to the plan.

It was upon this concession that in dismissing the appeal of the appellants it is ordered that the injunction granted by the trial court be tied to the area edged red in plan no. GP/1150 made by G.P. Okusanya as a Certified True Copy of Plan No. AB 1381 which was originally made by one A.B. Apatira licensed surveyor on 13th August, 1962.

With this order incorporated as part of the judgment of the trial court, the appeal of …

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