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LYDIA MODUPE LAWAL-OSULA & ORS V. CHIEF SAKA LAWAL OSULA & ORS

(1995) JELR 43441 (SC)

Supreme Court  •  SC.66/1993  •  10 Mar 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Oku Asuquo -for the Appellants/Applicants For Appellant O. Evbuomwan -for the Plaintiffs/Respondents C. Aghoja - for the 3rd Defendant/Respondents For Respondent

Judgement

WALI, JSC (Delivering the Leading Ruling): The applicants in this case filed an application before this Court praying for the grant of the following orders until the disposal of the substantive appeal now pending in this Court:-

"(i) An order substituting the 1st defendant/appellant who died intestate on 31st May, 1993 with Hajia Morenike Ibrahim Yahaya, Mrs. Iyabo Akai and Mrs. Edugie Agada who together with the 4th defendant/appellant/applicant are her personal representatives and children.

(ii) An order granting an enlargement of time within which to apply for a stay of execution.

(iii) Stay of execution of the orders contained in the judgment of the Court of Appeal. Benin Division delivered on December 11, 1992 pending the determination of the appeal already filed and entered in this Honourable Court.

(iv) An interlocutory injunction restraining the 1st plaintiff/respondent by himself, his servants, agents or privies from taking over, disposing of or otherwise dealing with the rea…

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