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OLORUNFUNMI ORS.
V.
SAKA & ORS.

(1994) JELR 43402 (SC)

Supreme Court 4 Feb 1994 Nigeria
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Case Details

Suit Number:SC.235/1990
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:A. Thompson, Esq. For Appellant B.O. Ogundipe Esq. (with him,B.R. Fashola)3rd and 4th Respondents absent and unrepresented. For Respondent
Other Citations:Olorunfunmi v. Saka (1994) 2 NWLR (Pt.324)23 (1994) 2 SCNJ 39

KUTIGI, J.S.C. (Delivering the Leading Judgment): In this suit which began in the Ikeja Judicial Division of the High Court of Lagos State, the plaintiffs sued the defendants claiming the following reliefs:-

"(a) A declaration that the 1st and 2nd defendants alone as members of the Omotorisha family are not entitled to sell Olorunfunmi land alone;

(b) A declaration that any such sale is void and in particular the sale to the 3rd and 4th defendants;

(c) An injunction restraining the defendants from selling or in any way alienating Olorunfunmi family land or acting on any illegal sales by the 1st and 2nd defendants."

The 1st and 2nd defendants also counter-claimed against the plaintiffs as follows:-

"(i) A declaration that the Power of Attorney dated 17th day of February, 1978 and purportedly registered as No. 16 at page 16 in volume 1681 of the Register of Deeds in the Lands Registry in the office kept at Lagos is void,

IN THE ALTERNATIVE TO (i) above-

(ii) An order setting aside the…

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