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MRS OLAYINKA ADEWUNMI & ORS. v. MR AMOS OKETADE

(2010) JELR 47543 (SC)

Supreme Court  •  SC.78/2001  •  5 Mar 2010  •  Nigeria

Coram
NIKI TOBI JSC ALOMA MARIAM MUKHTAR JSC IKECHI FRANCIS OGBUAGU JSC JAMES OGENYI OGEBE JSC JOHN AFOLABI FABIYI JSC

Judgement
<p><br></p><p><strong>NIKI TOBI, JSC (Delivering the leading : ):</strong> This case has moved full circle. It started in the Magistrate's Court and it is ending in the Supreme Court, thus passing through four courts: Magistrate's Court, High Court, Court of Appeal and Supreme court. The litigation is on an apparently little matter. It involves landlord and tenant. It is tenancy of a small apartment situate at No. 2 Irawo Lane, Agbowo, Ibadan.</p><p> The learned Chief Magistrate, in his judgment, directed the appellant to give up possession to the plaintiffs/respondent within three weeks. The judgment was delivered on 31st May, 1994, some fourteen years ago.</p><p> The appellant filled an application in the Magistrate's Court for stay of execution, which was refused. A similar application to the High Court was granted. Dissatisfied with the Ruling of the High Court, the appellant filed an appeal and a motion for stay of execution in the court of Appeal. On 22nd January, 2001, the court of Appeal ordered the appellant to pa…</p>

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