Alhaji Mustapha Oluwagbemiga & Ors V. Chief Gabriel Adeleye Olubo & Ors (1999)

LawGlobal-Hub Lead Judgment Report

FRANCIS FEDODE TABAI, J.C.A. 

In the substantive claim filed on the 22/6/93 the Plaintiffs/Respondents claimed:

(1) A declaration that the Oja Oshodi Street Akure linking Isolo Street is a right of way and a public highway and a market square and access to and from the various houses premises and properties and consequently no person or persons/organizations including the 1st defendant his servants, agents privies and any other persons claiming through him has a right to erect either temporary or permanent structures, buildings fences or any obstructions on any part of the said street, highway.

(2) Perpetual injunction restraining the 1st defendant their servants, agents privies or any person claiming through him from erecting any building fence survey beacons or structures on the said street or road.

(3) Perpetual injunction restraining the 2nd defendant its servants, agents, officers and privies from approving building plans or granting any licence or permission to erect any structures whatever on the said Street or right of way.

(4) An order directing the 2nd defendant to prevent the 1st defendant from erecting any such buildings fences or any structures on the street, right of way, or market square in Oja Oshodi Street Akure in Akure Local Govt.

(5) An order directing the 2nd defendant to remove any such structures erected or order the 1st defendant to remove such structures so erected.

And pursuant to a motion for interim injunction on the same day as the writ of summons i.e. on the 22/6/93 the court on the 12/8/93 made the following order:-

“I am of the view, therefore, in the circumstances, that the case be given accelerated hearing. Pending the hearing therefore, I shall order and I do order that the parties shall maintain the status quo on the land in dispute. No order as to costs.

The case is considered for accelerated hearing and is fixed for 23rd and 24th November, 1993 for hearing.”

This order was made by Ojuolape J.

The ruling which is the subject matter of this appeal was sequel to a motion filed by the 10 interveners/applicants/appellants on the 12/10/95 praying for:

(1) An order granting leave to the applicants to represent the Akure Muslim Community in this action, and

(2) And order joining the Akure Muslim Community as Defendants/counter claimants in this suit.