ADEKUNLE ODUNSI & ORS V. ADEMOLA ODUNSI

A. G. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This matter came before the Court as an application for leave to appeal under the Constitution (Amendment) (No.2) Decree No.42 of 1976, section 117(4). Mr Sogbesan, learned counsel for the applicants, drew our attention to the grounds on which the application was based. After listening to Mr Isikalu, counsel for the respondent, we decided to grant the application for leave to appeal and treated the matter as an appeal against that part of the ruling of the Federal Court of Appeal in FCA/L/88/78 delivered on the 22nd of February 1979:

(i) Granting a stay of execution; and

(ii) transferring further hearing in the matter to another Judge of the High Court.

At the time when the applications were filed in the High Court of Lagos State and also when they were being dealt with in the Federal Court of Appeal there had been an earlier judgment of the High Court (Savage, J.) setting aside the Will of the late Adeola Odunsi and therefore …