In Re: Yesufu Faleke Mogaji V. Oyedeji Akanbi Mogaji & Ors (1986)

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NNAMANI, J.S.C. 

On 4th December. 1985, I dismissed this appeal and indicated that I would give my reasons for so doing today. I now give my reasons.

The proceedings which led to this appeal arose in the course of hearing in Suit No. 1/299/82. In that Suit the first set of Respondents as Plaintiffs had sued the second set of respondents claiming as follows:-

“(1) against the 1st defendant for possession of the parcel of land belonging to and declared as property of the Plaintiffs in Suit CV/35/69, situate at Odejimi Compound, Oke-Offa Baba Sale, Ibadan and bounded as follows:-

(a) In the front by Oje Market to Oke Offa

(b) On the right by Karimu Alhaji’s house

(c) On the left by Ebenezer Tailor’s shop

(d) At the back by Rasaki Ajani’s House.

(2) The Plaintiffs claim against the 2nd Defendant for possession of the parcel of land belonging to and declared in Suit CV/35/69 as property of the plaintiffs and situate at Odejimi’s compound, Oke Offa, Babasale, Ibadan, and bounded as follows:-

(a) In the front by Oje Market to Oke-Offa Road

(b) On the right by Ebenezer Tailor’s shop

(c) On the left by vacant land of Plaintiff

(d) IN the back by Olaobi Iya Aira’s House.

(3) The Plaintiffs also claim against the defendants jointly and severally perpetual injunction restraining the defendants, their servants, agents or privies from alienating, selling building on or otherwise dealing with any portion of the Plaintiffs’ family land at Odejimi’s compound, Ibadan, except those granted to them by the Plaintiffs’ family and excised from the judgment in Suit CV/35/69”