Ishau Olorunfunmi Ors. V. Bashiru Saka & Ors. (1994)

LawGlobal-Hub Lead Judgment Report

KUTIGI, J.S.C. 

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 said power of attorney.

IN THE ALTERNATIVE TO (i) and (ii)

(iii) An account of all monies collected by the plaintiffs in respect of the said sales by the plaintiffs.

AND

(iv) Payment over to the 1st and 2nd defendants of the balance of the said proceeds adjudged to be due to them.

IN THE FURTHER ALTERNATIVE TO (i) – (iv) above