JULIUS OBA FATOYINBO & ORS V. MICHAEL DADA OSADEYI & ANOR

U. A. KALGO, J.S.C. (Delivering the Leading Judgment): This is an interlocutory appeal. It is an appeal from the ruling of the Court of Appeal Benin, delivered on 26th of June, 1995.

The appellants were the plaintiffs in the trial court at Ado-Ekiti High Court. They sued the respondents claiming title to a piece of land, damages for trespass and injunction. The respondents counterclaimed for the same reliefs. At the end of the trial, the court gave judgment in favour of the respondents per their counterclaim.

The appellants were dissatisfied with the decision and they appealed to the Court of Appeal, Benin. While the appeal was pending, (and it is still pending) the appellants applied to the trial court for stay of execution of its judgment pending the determination of the appeal.

The learned trial Judge, Adekeye, J. (as she then was) heard the application and refused it.

The appellants, still not happy, further filed a similar application for stay pending appeal before the Court of…