H. TAI AJOMALE V. JOHN ETHAKPEMI YADUAT & EDWARD AJAYI YADUAT

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Ruling): On the 11th March, 1991 when the appeal in this case came up for hearing, learned Counsel to the Appellants sought to argue a motion on notice to the respondents for

"(1) An order granting him an extension of time within which to apply for a suspension of the injunction made by the High Court of Lagos State (Ilori J.) on the 18th December, 1987 pending the determination of the appeal lodged herein against the decision of the Court of Appeal dated the 12 May, 1989.

(ii) An order suspending the injunction made by the High Court of Lagos State (Ilori J.) on the 18th December, 1987 pending the determination of the appeal lodged herein against the decision of the Court of Appeal dated the 12th May, 1989 and for such further or other order or orders as the Court may deem fit to make in the circumstances."

Before the motion could be argued, Mr. Enumah, learned Counsel to the Respondents raised a preliminary objection that the applica…