Ajibode & Ors V. Gbadamosi & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The Plaintiffs [now Respondents] commenced Suit NO. HCT/72/1995 in the High Court of Ogun State of Nigeria, in the Otta Judicial Division on 24th April, 1995.

Endorsed on the writ of summons are the plaintiffs’ (Respondents’) claims against the defendants (now Appellants). The claims are hereunder reproduced:

i. A declaration that the 1st – 5th Defendants are not members of or related to Adoku-Ogbo Family of Ewupe, Otta, Ogun State.

ii. A declaration that the purported Power of Attorney dated 20th day of July, 1980 and deed of conveyance dated 4th day of September, 1985 executed jointly by the 1st to 7th Defendants and/or their representatives are irregular, wrongful, null and void of no legal effect whatsoever.

iii. An Order setting aside all sales and transactions affected by or pursuant to the said purported power of attorney in respect of Adoku-Ogbo Family of Ewupe Via Otta.

iv. Perpetual injunction restraining the 1st – 5th Defendants from parading themselves as members of Adokun-Ogbo Family of Ewupe Via Otta.

​v. Perpetual injunction restraining the 1st- 5th Defendants, their servants, agents, or privies from dealing with Adokun-Ogbo Family of Ewupe Via Otta.”

In their amended statement of claim dated 18th October, 1996 but filed on 1/12/2000, the plaintiffs claimed as follows: –

“(a) Declaration that the 1st, 2nd, 3rd, 4th and 5th Defendants are not members of Adokun-Ogbo Family of Ewupe.

(b) Declaration that purported Power of Attorney dated 21/7/1980 and the Deed of Conveyance dated 4/9/1980 purportedly executed jointly by the 1st to 6th Defendants and other persons named therein and/or their representatives are irregular, unlawful, null, void and of no effect whatsoever.

(c) An order setting aside all sales and transactions effected under or pursuant of the purported Power of Attorney in respect of Adokun-Ogbo Family Land.

(d) Perpetual injunction in restraining the 1st, 2nd, 3rd, 4th and 5th Respondents from parading themselves as members of Adokun-Ogbo Family of Ewupe.

(e) Forfeiture of the tenancy enjoyed by the 1st, 2nd, 3rd, 4th and 5th Defendants and other descendants of Ajibode Family over Adokun-Ogbo Family Land at Ewupe on the grounds of misconduct.