ALHAJI RAMONI AFONJA V. YESUFU KASALI LAMINA AINA EBILA CHIEF TOMORI

ADAMU, JCA (Delivering the Lead Judgment): This is an interlocutory appeal from the ruling of the High Court of Justice, Ogun State sitting at Ilaro delivered on 23/2/89. The facts that gave rise to the said ruling are peculiar and interesting. They are as follows: The appellant was a plaintiff in suit No. AB/46/75 wherein he sued the three respondents as defendants claiming declaration of title to the land in dispute forfeiture of the defendants interests in part of the said land, possession and injunction. The trial court granted all the reliefs sought by the appellant. After the judgment the respondents filed Notice of appeal against the said judgment and applied to the trial court for a stay of execution of the said judgment. The trial court granted an order of stay of execution. The appellant on his own part appealed against the trial courts order of stay of execution in this court and the appeal was allowed in Appeal No. FCA/ 1/138/82 dated 11/2/85. The court also dismissed th…