MUDA ANWOYI & ORS V. J. S. SHODEKE & ORS

OGUNTADE, JCA (Delivering the Lead Judgment): In suit No. IK/21/ 67, the present respondents as the plaintiffs has sued the present appellants as the defendants claiming for -

(1) declaration of title;

(2) damages for trespass; and

(3) an injunction.

In the suit the present appellants had not counter-claimed. The suit by the respondents was dismissed. Appeals to the Court of Appeal and the Supreme Court were successively dismissed.

The appellants caused warrants for possession to be issued against the respondents in a purported execution of the judgment. The respondents , who believed that the judgment in IK/21/67 was not executory, therefore, brought the suit out of which the present appeal arose i.e. ID/60/92 against the appellants claiming that the execution levied by the appellants against them, the respondents, based on the judgment in IK/21/67 was unlawful , wrongful, null and void. They also claimed for an injunction restraining the appellants from further executing the said judgm…