OBAYAGBONA & ANOR.
V.
OBAZEE & ANOR.

(1972) JELR 44108 (SC)    

Supreme Court  ·  SC.221/69 ·  12 May 1972 ·  Nigeria
 · 
Other Citations
OBAYAGBONA & ANOR. v. OBAZEE & ANOR. (1972) 5 S.C. (REPRINT) 159
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiffs
costs
defendants
learned trial judge
consequential orders
case
court
high court
successful party
learned judge
issue of costs
lower court
award of costs
claims
exhibit
final judgment
western state
above reasons
benin high court
concise oxford dictionary
cost of the whole suit
countersigned survey plan
discretion of the learned trial judge
disputed land
exact identity
exercise of the functions of plot allotment committee
exhibits d
favour of the decision
federal supreme court of nigeria
findings of the local government adviser
following orders
following terms
good reasons
grounds of appeal
g. s. sowemimo
high court law of the western state
leading judgment
making of this order
mr. okeaya inneh
mr. s. o. giwa-arna
name of each grantee of land
present appellants
respect of allotments
said area
statement of claim
substance of the complaint
successful party of his costs
suit b
terms of exhibit

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In the Suit B/62/67, the plaintiffs, who are the present Appellants instituted an action against the Defendants, the Respondents in this appeal, and the claims as set out in paragraph 23 of the Statement of Claim are:

(a) A declaration that the exercise of the functions of Plot Allotment Committee by the Defendants, Ward in respect of Allotments made by the plaintiffs before 1963, August, is contrary to the findings of the Local Government Adviser.

(b) An injunction restraining the Defendants and or their agents/servants from further exercise of the areas in dispute and further laying out the said area already allocated to people on the recommendation of Ward 10/E before 30th August, 1963."

The case was heard by Irikefe, J., at the Benin High Court of the Mid-Western State and on Friday, 2nd of August, 1968 he gave judgment in the following terms:

"I would therefore pronounce in favour of the decision contained in the Local Gov…

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