EDWARD BATISAN CHIEF JOSEPH OLAFUSI (FOR THEMSELVES AND IKUEJAMOFO FAMILY OF IGBISIN OLOTO) V. CHIEF TITUS OKUNNIGA (FOR HIMSELF AND JEGUNYEMI FAMILY OF IGBISIN OLOTO)

MUHAM MAD JCA (Delivering the Lead Judgment): This matter originated from the Okitipupa Customary Court where the appellants herein successfully sued the respondent for a declaration, injunction and trespass in respect of a parcel of land. The respondent was aggrieved by the judgment of the Customary Court, so he appealed to the High Court, Okitipupa. The High Court dismissed the appeal and affirmed the judgment of the Customary A Court. Dissatisfied with the decision of the High Court, the respondent further appealed to this court. The respondent then filed a motion on notice at the High Court asking for a stay of execution of its judgment. The application was argued on 14th February, 2001 and it was adjourned to 1st March, 2001 for ruling. On 28th February, 2001, the appellants filed a motion on notice asking for the following reliefs: “a. An order staying the ruling of this honourable court slated to be delivered on Thursday the 1st day of March, 2001 on the ground that the respo…