SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): The appeal arose from the judgment of the High Court of Oyo State, sitting at Ibadan (hereinafter called 'The trial Court'), delivered by Honourable Justice J. O. Ige on 12th April 2002, wherein the claim of the Respondent to set aside execution by the Appellant of a judgment of a Court of concurrent jurisdiction was granted and the Appellant's Counterclaim was dismissed.
Being dissatisfied with the judgment of the trial Court, the Appellant filed a Notice of Appeal of Seven (7) Grounds at Pages 109, 110 and 111 of the records dated 19-04-2002. The background facts are as stated hereunder:-
The Respondent was the Plaintiff in the lower Court, and the Appellant was the Defendant/Counter-claimant. The Appellant had obtained judgment in Suit No. I/411/93 against certain Defendants for trespass and injunction in respect of a parcel of land. The Defendants in that suit did not include the Respondent in this case. It was contended on…