ALHAJI CHIEF MUSENDIKU FASESAN (DECEASED) ALHAJI HASSAN AKERELE ALHAJI SUMONU SADIKU RASAKI YINUSA (FOR AND ON BEHALF OF THE KUYASI-AWUSHE FAMILY OF ONIGBO NGBO) V. COAST HOTELS & RESTAURANTS LTD. LEADWAY PROPERTIES & INVESTMENTS LTD. ELECTROSTATIC MENTAL AUDIO LTD. ALHAJI CHIEF ISHOLA NOFIU ALHAJI CHIEF BASHIRU ISHIAKA (DECEASED) ALHAJI KABIRU YUSUF

KEKERE-EKUN J (DELIVERING THE RULING): This is a ruling on an application in form 49 brought pursuant to Order IX, rule 13 of the Judgments (Enforcement) Rules, Cap 407 LFN, 1990. The plaintiffs/applicants seek an order committing the 3rd defendant/respondent to prison for having disobeyed the order of this court made on 23rd May, 2003 enjoining the respondent, its servants, agents and/or privies to maintain the status quo as at 23rd May, 2003 in respect of the parcel of land in dispute in this suit.

The form 49 is supported by an 11-paragraph affidavit dated 19th August, 2003 deposed to by one Lateef Kadiri, Attorney, accredited representative and General Secretary of the Kuyasi-Awushe family of Onigbongbo, Maryland, the plaintiffs herein. One Samuel Ofoha, Marketing Manager of the respondent, deposed to a 15-paragraph counter-affidavit dated 6th October, 2003 on behalf of the respondent. The aforementioned Lateef Kadiri deposed to a 14-paragraph reply to counter-affidavit dated 2…