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ALHAJI ISHOLA ODEDEYI & ORS V. SABITIU LAYINKA ODEDEYI & ANOR

(2000) JELR 44182 (SC)

Supreme Court  •  SC.128/1993  •  11 Feb 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

BELGORE, J .S.C (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Court of Appeal which refused to grant the appellants a stay of execution of the judgment of High Court of Lagos. An earlier application for stay of execution pending appeal was refused by the High Court leading to similar application in Court of Appeal which was also refused.

The 1st and 2nd plaintiffs/respondents sued the 1st, 2nd, 3rd, 4th and 5th defendants/appellants seeking the setting aside of a certain deed of conveyance made by 1st Defendant to 2nd defendant and from 2nd Defendant to 3rd, 4th and 5th defendants as tenants. High Court granted substantial parts of the reliefs sought including nullification of the deed of conveyance, damages for trespass and injunction. The main issue in this appeal is very narrow and it is as follows:

"Whether the Court of Appeal Lagos (Division) was wrong in refusing the applicant's application for stay of execution of the judgment of th…

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