(1998) JELR 45590 (SC)    

Supreme Court  ·  SC.65/1992 ·  2 Oct 1998 ·  Nigeria
Other Citations
Yusuf v. Oyetunde (1998) 12 NWLR (Pt.579) (1998) 9-10 S.C 123
Yusuf v. Oyetunde (1998) 12 NWLR (Pt. 579) 483
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
court of appeal
learned trial judge
statement of claim
trial court
samologbe village
1st defendant
3rd plaintiff
akinrinlo samologbe
old lagos road
samologbe family land
complaint of the 2nd defendant
high court
lower court
sections of the family
leading judgment
purchase agreement
adebayo abinde samologbe
membership of samologbe family
oduola akanni
parcel of land
principal members of samologbe family
samologbe ologede village
trial judge
10th plaintiff
2nd january
3rd defendants
4th defendant
abinwinde section of the family
authority of the plaintiffs
branches of samologbe family
decision of the court of appeal
decision of the trial judge
evidence of dw4
facts of the case
findings of fact
high court of oyo state
plaintiffs claim
portion of the acquired land
release of part of the samologbe family land
release of the part of the acquired land
said sale
salami afolabi
statements of law
support of the argument
totality of the evidence

UWAIS, C.J.N. (Delivering the Leading Judgment): The respondents were the plaintiffs in the High Court of Oyo State sitting at Ibadan. The appellant, as 2nd defendant, was one of the four defendants to the claim jointly and severally brought by the plaintiffs against them seeking the following:-

"(i) Declaration that the plaintiffs are entitled to statutory right of occupancy to all that piece or parcel of land situate, lying and being at Samologbe Ologede village, Old Lagos Road, Ibadan, shown on plan No. FA11576 dated 25th March, 1983 and verged green.

(ii) Declaration that the purchase agreement dated 2nd January, 1978, in so far as it purports to sell Samologbe family land situate at Samologbe Ologede village, Old Lagos Road, lbadan, to the 2nd defendant is wrong, illegal and accordingly null and void and of no effect whatsoever.

(iii) Declaration that the purported sale of the aforesaid Samologbe family land by Salami Afolabi, Oduola Akanni, 1st defendant and 10th plaintiff, to t…

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