BENJAMIN OLADIPO KUPOLUYI & ANOR V. CHIEF E.O. PHILLIPS & ANOR

ALOMA MARIAM MUKHTAR, J.C.A. (Delivering the Lead Ruling): A motion on notice seeking three prayers was moved by Chief A.O. Fadugba. of Counsel for the appellant. The prayers are for -

1. Leave to amend the notice and grounds of appeal.

2. Interlocutory injunction restraining the defendants/respondents jointly and severally, their agents, privies, servants and any other person that may derive title from them from entering, alienating or dealing with the area of land excised marked 'Blue' on the appellants/applicants Survey Plan Exhibit 'A' until the final determination of the appeal to this court.

3. Stay of execution of the costs awarded by Mr. Justice Kolawole in his judgment dated 14th October 1993 in favour of the defendants/respondents until the final determination of the appeal before this court.

The applicants in this motion as plaintiffs in the Ilesa High Court instituted an action against the respondents for a declaration of title to a parcel of land which they claimed belong…