CORAM

PARTIES

CHIEF J. A. OJO[Substituted By)1. BOLA AKINBIYI OJO2. ASANI OGUNDIMU(For himself and on behalf of Ojeke Aro Family of Ilata Otta, Ogun State) APPELLANT(S) / PLAINTIFF(S)

DEFENDANT(S) /RESPONDENT(S)

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant claimed that the respondents were not members of the family and any sale of land made by them was a nullity. It was found that both parties were members of the same family and that the appellant’s name was removed from the power of attorney in respect of the land

HELD

The court held that the two lower courts were right in dismissing the appellant’s claim and that no miscarriage of justice was occasioned by the lower court findings.

ISSUES

1. Whether a finding that the original Appellant’s name had been removed as donee of Aro family’s Power of Attorney (Exhibit K) did not occasion a miscarriage of justice?2. Whether as a Principal member and/or an Attorney of the family owning the land in dispute, the original appellant is not entitled to an order of injunction perpetually restraining any sale of the family land or portion(s) thereof without his consent; or to a Declaration that any sale of the family land without his consent is null and void.

RATIONES DECIDENDI

CASES CITED

1. Abinabina V. Enyimadu (p.c.) 12 WACA 171 (p.c.) at 1732. Animashaun V. Olojo (1990) 6 NWLR (pt.154) 111 at 121-1223. Wilson V. Wilson (1969) A.L.R. 191;4. Devi V. Roy (1946) AC 508;5. State V. Ajie (2000) 8 WRN 8

STATUTES REFERRED TO

NONE

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