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16 62 Federation Weekly Law Reports 26 January 2004 CHIEF DAVID BELLO SULE ODUALABE (As representatives of Ajasa and Odualabe family) V. CHIEF ADISA ADEOKUN CHIEF FATAI ANIBIRE LASISI AKANBI ERINLE MADAM FALILATU ADISA MOSHUDI ADISA MONSURU ADISA MADAM AJE OGUNDARE

(2002) JELR 54074 (CA)

Court of Appeal  •  CA/375/57  •  2 Jul 2002  •  Nigeria

Coram
SULEIMAN GALADIMA, JCA (Presided and Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA AMINU SANUSI, JCA

Judgement

GALADIMA, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Obadina, J. as he then was delivered on 14/4/94 granting a stay of execution on the judgment delivered by Onalaja, J. as he then was on 18/6/93. The facts of the case briefly put were that by motion dated 15/7/93the defendant/respondents prayed the lower court for an order staying the execution of the judgment of that court since they had appealed to this court challenging the competence and jurisdiction on the said lower court to adjudicate in the matter especially as they were served the court processes out of jurisdiction without the leave of court. As it has been borne above, in hisconsidered ruling having had due regard to the grounds of appeal, Obadina, J. as he then was ordered for stay of execution of the judgment of the lower court pending the determination of the appeal lodged against the said ruling. Dissatisfied with this ruling the plaintiffs/appellants appealed to this court on three …

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