OGUNDELE & ANOR.
V.
AGIRI & ANOR.

(2009) JELR 47306 (SC)

Supreme Court 11 Dec 2009 Nigeria
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- The appellants (plaintiffs at trial) sought to set aside a 1981 High Court judgment (Suit No. HOS/1/79) obtained by the respondents (defendants) on grounds of fraud and/or misrepresentation, alleging that the prior judgment was procured b

Case Details

Suit Number:SC.134/2004
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
Counsel:T.O AJIBOLA, ESQ For Appellant OLALEKAN OJO, ESQ For Respondent

M. S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Appellants herein, who were the plaintiffs at the trial High Court Osogbo claimed against the respondents herein as follows:

(1) "An Order that the judgment of the Hon. Justice S.A. Oloko delivered on 23/1/81 in suit No HOS/1/79 Muibi Agiri and Ors v. Kadiri Otun Imale and 2 others be set aside being tainted with fraud/ or misrepresentation.

(2) The sum of ₦3Million being the general and special damages for trespass and conversion committed as a result of the said judgment obtained by the Defendants.

(3) INJUNCTION restraining the defendants, their servants or agent from committing further acts of trespass and conversion on the plaintiffs' farm land at Onifare village via Ila-Orangun in dispute in the said suit No HOS/1/79 Muibi Agiri and 2 others v. Kadiri Otun Imale and 2 others"

The appellants in paragraphs 8 and 9 of his statement of claim pleaded the facts of the fraud as follows:-

"8. On comparing the contents…

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