Ondo State (Plaintiff) and Ekiti State (defendant) are two states that came out of the old Ondo State.
The Plaintiff, by an Originating Summons sought the determination of the following:
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i
A DECLARATION that by virtue of section 7(1) of the States Creation and Transitional Provisions) Act 1996 (hereinafter referred to as the Act). ALL immovable properties and chattels owned by the Plaintiff as at 30th September, 1996 remain vested in and owned by the Plaintiff after that date to the exclusion of the Defendant with the ONLY exception of those immovable properties and chattels that as at the said 30th September, 1996 were held by a body corporate directly established by a legislation of Ondo State and were situate in the geographical area of Ekiti State.
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ii
A DECLARATION that any agreement or arrangement reached or made between officials or other functionaries of the Plaintiff and the Defendant in whatever capacity and any resolution and/or decision taken, or compromise reached in whatever form between the parties herein, which contradicts or is inconsistent with the provisions of Section 7(1) of the Act is unconstitutional null and void and of no effect whatsoever.
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iii
A DECLARATION that the Defendant has no right title or interest in shares owned by the Plaintiff as at 30th September, 1996 in any company incorporated under the Companies and Allied Matters Act.
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iv
An order of perpetual injunction restraining the Defendant and all its functionaries, officers, servants or agents whomsoever from occupying or making use or exercising any proprietary right in or over any immovable property or chattel owned by the Plaintiff as at 30th September, 1996 and-
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a
located outside the geographical area of Ondo State and Ekiti State as at the said 30th September, 1996.
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b
located in the geographical area of Ekiti State but not held by a body corporate directly established by a legislation of Ondo State, except with the consent of the said Plaintiff”.
The Summons was supported by a six-paragraph affidavit.
The Defendant entered appearance and filed a 22 paragraph counter affidavit and a further counter affidavit to which certain exhibits were attached.
